Legal Opinion
In Re Southeast Arkansas Landfill, Inc., Debtor. Southeast Arkansas Landfill, Inc. v. State of Arkansas, Department of Pollution Control and Ecology
Court of Appeals for the Eighth Circuit
Decided December 11, 1992No. 92-1386PublishedCited by 15 opinions
1Opinion of the Court
RICHARD S. ARNOLD, Chief Judge.
The question presented is the validity under the Commerce Clause of two Acts of the Arkansas General Assembly regulating the disposal of solid waste, Act 870 of 1989 and Act 319 of 1991. Southeast Arkansas Landfill, Inc., a debtor in bankruptcy, brought this case as an adversary proceeding against the Arkansas Department of Pollution Control and Ecology (PC & E), the State agency charged with the administration of these statutes. The District Court referred the matter to a bankruptcy judge for recommended findings and conclusions, see 28 U.S.C. § 157(b), (c).…
2Cases cited7 opinions
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
- City of Philadelphia v. New JerseySupreme Court of the United States · 1978
- New Energy Co. of Indiana v. LimbachSupreme Court of the United States · 1988
- H. P. Hood & Sons, Inc. v. Du MondSupreme Court of the United States · 1949
- Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural ResourcesSupreme Court of the United States · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ben Oehrleins & Sons & Daughter, Inc. v. Hennepin CountyCourt of Appeals for the Eighth Circuit · 1997
- Waste Management Holdings, Inc. v. GilmoreCourt of Appeals for the Fourth Circuit · 2001
- Ben Oehrleins and Sons and Daughter, Inc. Elk River Landfill, Inc. Gallagher's Service, Inc. Knutson Services, Inc. Randy's Sanitation, Inc. Poor Richard's, Inc. Vasko Rubbish Removal, Inc. Wasteco, Inc. Waste Systems Corp. Walter's Recycling & Refuse Service v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance Ogden Products, Inc., Amici Curiae. Robinson Rubber Products, Co., Inc. Dean M. Akins Patrick Schoenecker Brad Robinson, Individually and on Behalf of All Other Persons Similarly Situated v. Hennepin County, State of Minnesota, by Its Attorney General and Its Office of Environment Assistance, Ogden Products, Inc., Amici CuriaeCourt of Appeals for the Eighth Circuit · 1997
- SDDS, Inc. v. South DakotaCourt of Appeals for the Eighth Circuit · 1995
- Sdds, Inc. v. State Of South DakotaCourt of Appeals for the Eighth Circuit · 1995
10 more not listed; retrieve them via the Exa API.