Legal Opinion

Environmental Technologies Council v. South Carolina

District Court, D. South Carolina

Decided April 13, 1995No. Civ. A. 3:90-1402PublishedCited by 2 opinions

1Opinion of the Court

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

PERRY, District Judge.

The plaintiff has moved for summary judgment, asserting that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. Plaintiff seeks a declaration that certain executive orders, statutes and a regulation are invalid under the Interstate Commerce Clause of the United States Constitution. 1 Previously, this Court concluded that the plaintiff would probably prevail on the merits and entered a preliminary injunction. Hazardous Waste Treatment Council v. South Carolina, 766 F.Supp. 431…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. City of Philadelphia v. New JerseySupreme Court of the United States · 1978
  5. Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994

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3Cited by2 opinions

  1. Environmental Technology Council v. Sierra ClubCourt of Appeals for the Fourth Circuit · 1996
  2. Environmental Technology Council, Formerly Known as Hazardous Waste Treatment Council, on Behalf of Itself and Its Members v. Sierra Club Energy Research Foundation Citizens for Clean Air and Water Citizens Asking for a Safe Environment, Incorporated (Case) Environmentalists, Incorporated, and State of South Carolina David M. Beasley, Governor Commissioner, South Carolina Department of Health and Environmental Control South Carolina Department of Health and Environmental Control South Carolina Board of Health and Environmental Control, Environmental Technology Council, Formerly Known as Hazardous Waste Treatment Council, on Behalf of Itself and Its Members v. State of South Carolina David M. Beasley, Governor Commissioner, South Carolina Department of Health and Environmental Control South Carolina Department of Health and Environmental Control South Carolina Board of Health and Environmental Control, and Sierra Club Energy Research Foundation Citizens for Clean Air and Water Citizens Asking for a Safe Environment, Incorporated (Case) Environmentalists, IncorporatedCourt of Appeals for the Fourth Circuit · 1996

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