Legal Opinion

Safety Kleen Inc v. State of SC

Court of Appeals for the Fourth Circuit

Decided December 19, 2001No. 00-2170, 00-2179 to 00-2182, 00-2213 and 00-2214PublishedCited by 1 opinion

1Opinion of the Court

Affirmed in part, reversed in part, and dismissed in part by published opinion. Judge MICHAEL wrote the opinion, in which Judge WIDENER joined and in which Judge LUTTIG joined except for part III.A. Judge WIDENER wrote a concurring opinion, and Judge LUTTIG wrote a concurring opinion.

*855OPINION

MICHAEL, Circuit Judge.

Safety-Kleen, Inc., a Chapter 11 debtor, filed this adversary proceeding against the South Carolina Department of Health and Environmental Control (DHEC) in an effort to prevent the agency from closing Safety-Kleen’s Pinewood facility, a commercial hazardous waste landfill.…

2Cases cited31 opinions

Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
Kentucky Department of Corrections v. ThompsonSupreme Court of the United States · 1989
Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970

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3Cited by1 opinion

Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellees, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and State of South Carolina, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control,defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources, Intervenors/defendants, and South Carolina Public Service Authority, Intervenor/defendant-Appellant, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants, and Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case), Intervenors/defendants-Appellants. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. State of South Carolina Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, and Sierra Club Phil P. Levenis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Public Service Authority, Intervenors/defendants, and South Carolina Departmentof Natural Resources, Intervenor/defendant-Appellant. United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), and Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs-Appellants, Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Invironment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus Curiae. Safety-Kleen, Incorporated (Pinewood), Toronto Dominion (Texas), Incorporated, as Agent and Advisor for Secured Creditors Td Securities (Usa), Incorporated, as Agent and Advisor for Secured Creditors, Intervenors/plaintiffs, and Official Committee of Unsecured Creditorsof Safety Kleen Corporation, Amicus Curiae-Appellant v. Bradford W. Wyche, Chairman, South Carolina Board of Health and Environmental Control, in His Official Capacity South Carolina Boardof Healthand Environmental Control Douglas E. Bryant, Commissioner, South Carolina Department of Health and Environmental Control, in His Official Capacity South Carolina Departmentof Healthand Environmental Control, Sierra Club Phil P. Leventis Citizens Askingfor a Safe Environment, Incorporated (Case) South Carolina Departmentof Natural Resources South Carolina Public Service Authority, Intervenors/defendants-Appellees, and State of South Carolina, United States of America, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 2001