Legal Opinion
Hermes Consolidated, Inc. v. People
Wyoming Supreme Court
Decided April 6, 1993No. 92-89PublishedCited by 4 opinions
1Opinion of the Court
CARDINE, Justice.
After a bench trial, the district court entered an order which required Hermes Consolidated Inc. (Hermes) to implement hazardous waste remediation procedures at their refinery. Hermes appeals claiming that the State Department of Environmental Quality (DEQ) is pre-empted by an EPA federal consent decree entered pursuant to the federal Resource Conservation and Recovery Act (RCRA). We agree and reverse.
Appellant raises these issues:
1. Is the State of Wyoming pre-empted from regulating the defendant’s refinery in a manner that is inconsistent and in conflict with regulations…
2Cases cited10 opinions
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- United States v. Akzo Coatings of America, Inc.Court of Appeals for the Sixth Circuit · 1991
- Ogden Environmental Services v. City of San DiegoDistrict Court, S.D. California · 1988
- Ensco, Inc. v. DumasCourt of Appeals for the Eighth Circuit · 1986
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3Cited by4 opinions
- Blue Circle Cement, Inc. v. Board of County Commissioners of the County of RogersCourt of Appeals for the Tenth Circuit · 1994
- In the Matter of the Adoption of: MAJB, minor child, DLB and DAB v.Wyoming Supreme Court · 2020
- Union Telephone Company v. The Wyoming Public Service Commission and It's Wyoming Universal Support Fund Manager and All West Communication, Inc. Dubois Telephone Exchange, Inc. Range Telephone Cooperative, Inc. Rt Communications, Inc. Silver Star Telephone Tri County Telephone, Inc.Wyoming Supreme Court · 2022
- Hermes Consolidated, Inc. v. PeopleWyoming Supreme Court · 1993