Legal Opinion
Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders
District Court, D. New Jersey
Decided June 9, 1995No. Civ. A. 93-2669 (JEI), 94-3244 (JEI)PublishedCited by 21 opinions
1Opinion of the Court
OPINION
IRENAS, District Judge:
Plaintiffs in these consolidated cases have brought challenges under the dormant Commerce Clause 1 to portions of the New Jersey Solid Waste Management Act, N.J.S.A. 13:1E-1 to -207 (“SWMA”), the Solid Waste Utility Control Act (“SWUCA”), and regulations promulgated thereunder, N.J.A.C. 7:26, a group of statutes and regulations that the Court shall refer to collectively as the “waste flow regulations.” Certain plaintiffs have now moved for a preliminary injunction.
The Court finds that plaintiff Atlantic Coast Demolition and Recycling, Inc. (“Atlantic Coast”) has…
2Cases cited34 opinions
- Elrod v. BurnsSupreme Court of the United States · 1976
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- Board of Ed. of Central School Dist. No. 1 v. AllenSupreme Court of the United States · 1968
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3Cited by21 opinions
- Jews for Jesus v. BrodskyDistrict Court, D. New Jersey · 1998
- Michaels v. State of NJDistrict Court, D. New Jersey · 1996
- City of Hugo v. NicholsCourt of Appeals for the Tenth Circuit · 2011
- FM 103.1, Inc. v. Universal Broadcasting of New York, Inc.District Court, D. New Jersey · 1996
- Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders of Atlantic County Atlantic County Utilities Authority Board of Chosen Freeholders of Camden County Pollution Control Financing Authority of Camden County Scott A. Weiner, Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy, Mercer County Improvement Authority Hudson County Improvement Authority Essex County Utilities Authority Passaic County Utilities Authority Cape May County Municipal Utilities Authority Camden County Energy Recovery Associates, L.P., Intervenor-Defendants C & a Carbone, Inc. Bret Schundler, Mayor, in His Capacity as Mayor of City of Jersey City John Rooney, Mayor, in His Capacity as Mayor of Borough of Northvale National Solid Waste Management Association, New Jersey Chapter Waste Management Association of New Jersey City of Passaic City of Paterson Dwight Destefan, Mayor, Individually and in His Capacity as Mayor of the Township of River Vale v. Robert C. Shinn, Jr., Individually and in His Capacity as Commissioner of New Jersey Department of Environmental Protection and Energy New Jersey Department of Environmental Protection and Energy Larry J. McClure Individually and in His Official Capacity as Executive Director of the Bergen County Utilities Authority Bergen County Utilities Authority Mark Guarino, Individually and in His Official Capacity as Director of the Bergen County Health Department Bergen County Health Department Kenneth Blane, Individually and in His Official Capacity as Executive Director of the Hudson County Improvement Authority Hudson County Improvement Authority Carol Ann Wilson, Individually and in Her Official Capacity as Director of the Hudson County Health Department William P. Schuber, Individually and in His Official Capacity as County Executive for Bergen County Robert C. Janiszewski, Individually and in His Official Capacity as County Executive for Hudson County Passaic County Utilities Authority Anthony Ross, Individually and in His Capacity as Executive Director Nicola R. Didonna, Individually and in His Capacity as County Executive for the County of Passaic. National Solid Wastes Management Association Waste Management Association of New Jersey and C & a Carbone, in 96-5567. New Jersey Department of Environmental Protection Scott A. Weiner and Robert C. Shinn, Jr., Commissioner, in 96-5568. Cape May County Municipal Utilities Authority ("Cmcmua"), in 96-5569. Essex County Utilities Authority Hudson County Improvement Authority Mercer County Improvement Authority and Passaic County Utilities Authority, in 96-5570Court of Appeals for the Third Circuit · 1997
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