Browning-Ferris Industries of Alabama, Inc. v. Alabama Dept. of Environmental Mgmt.

CLARK, Circuit Judge;

This appeal is taken from the district court’s dismissal of the plaintiffs’ claim for declaratory relief as not ripe for adjudication. Upon consideration of both “the fit*1474ness of the issues for judicial decision” and “the hardship to the parties of withholding court consideration,” Abbott Laboratories v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 1515, 18 L.Ed.2d 681 (1967), we find that the facial challenges to the Alabama statute at issue here are indeed ripe for adjudication, in view of the particular facts presented to us. We, thus, reverse the decision of the district…