AES Puerto Rico, L.P. v. Trujillo-Panisse

LIPEZ, Circuit Judge.

This case requires us to decide whether two Puerto Rico municipalities may prohibit the beneficial use and disposal of coal ash at landfills within their borders even though a state agency has authorized such activities at those particular landfills. Appellant AES Puerto Rico, L.P. (“AES-PR”), a coal-fired power plant owner, claims that the two municipal ordinances banning the approved handling of “coal combustion residuals” (“CCRs”) are preempted by federal and Commonwealth law and also violate various provisions of the United States and Puerto Rico constitutions. The…