Legal Opinion

Environmental Technology Council v. Sierra Club

Court of Appeals for the Fourth Circuit

Decided October 15, 1996No. 95-2008, 95-2245PublishedCited by 17 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MOTZ and Senior Judge YOUNG joined.

OPINION

MURNAGHAN, Circuit Judge:

The appeal before the court concerns South Carolina’s attempt to limit the amount of hazardous waste generated out-of-state and buried within its borders by promulgating a series of executive orders, statutes, and one regulation (collectively “the South Carolina laws”) which, as compared to treatment of waste generated within South Carolina, burden out-of-state waste. The discriminating state laws would impact the operations of three commercial…

2Cases cited35 opinions

  1. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  4. Maryland v. LouisianaSupreme Court of the United States · 1981
  5. City of Philadelphia v. New JerseySupreme Court of the United States · 1978

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3Cited by17 opinions

  1. Eastern Kentucky Resources v. The Fiscal Court of Magoffin County, KentuckyCourt of Appeals for the Sixth Circuit · 1997
  2. Sons of Confederate Veterans, Inc. v. Commissioner of the Virginia Department of Motor VehiclesCourt of Appeals for the Fourth Circuit · 2002
  3. Star Scientific, Inc. v. BealesCourt of Appeals for the Fourth Circuit · 2002
  4. National Telephone Cooperative Ass'n v. Exxon Mobil Corp.Court of Appeals for the D.C. Circuit · 2001
  5. Allocco Recycling, Ltd. v. DohertyDistrict Court, S.D. New York · 2005

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