Legal Opinion
Ensco, Inc. v. Dumas
Court of Appeals for the Eighth Circuit
Decided December 22, 1986No. 86-1410PublishedCited by 14 opinions
1Opinion of the Court
FAGG, Circuit Judge.
The issue on this appeal is whether Union County, Arkansas, may, consistent with existing federal legislation, enforce its Ordinance No. 171 prohibiting the storage, treatment, or disposal of “acute hazardous waste” within its boundaries. ENSCO, Inc., which wishes to incinerate this type of waste at its Union County facility, brought suit challenging the Ordinance on a variety of grounds, and the district court permanently enjoined enforcement. The court found the Ordinance invalid as preempted by the Resource Conservation and Recovery Act of 1976 (RCRA), see 42 U.S.C. §§…
2Cases cited3 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
3Cited by14 opinions
- Blue Circle Cement, Inc. v. Board of County Commissioners of the County of RogersCourt of Appeals for the Tenth Circuit · 1994
- Colorado Department of Public Health & Environment, Hazardous Materials & Waste Management Division v. United StatesCourt of Appeals for the Tenth Circuit · 2012
- Ogden Environmental Services v. City of San DiegoDistrict Court, S.D. California · 1988
- National Solid Wastes Management Ass'n v. Alabama Department of Environmental ManagementCourt of Appeals for the Eleventh Circuit · 1990
- Ensco, Inc. v. DumasCourt of Appeals for the Eighth Circuit · 1986
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