Legal Opinion
Wilner Wood Products Co. v. Maine, Department of Environmental Protection
District Court, D. Maine
Decided May 10, 1991No. Civ. 90-0228-BPublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM DECISION
HORNBY, District Judge.
This bankruptcy appeal presents the issue whether the bankruptcy court has the authority to enjoin enforcement of the State of Maine’s environmental laws, even temporarily, when they burden a debtor’s reorganization efforts. Here, the bankruptcy court ordered the State to withhold its denial of an air emission license to a debtor while the debtor appealed the denial of the license to State authorities. Concluding that the bankruptcy court cannot issue such an injunction, I VACATE the bankruptcy court’s order.
FACTUAL BACKGROUND
Wilner Wood Products…
2Cases cited11 opinions
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Ohio v. KovacsSupreme Court of the United States · 1985
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Commonwealth Oil Refining Company, Inc. v. United States Environmental Protection Agency, in the Matter of Commonwealth Oil Refining Co., Inc., Debtor. Official Committee of Unsecured Creditors v. United States Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1986
- In Re Plaza De Diego Shopping Center, Inc., Debtor. Appeal of Robert L. Coley, Esquire. In Re Petition of Robert L. Coley, EtcCourt of Appeals for the First Circuit · 1990
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
- Schulman v. California State Water Resources Control Board (In Re Lazar)United States Bankruptcy Court, C.D. California · 1996
- 1993-1 Trade Cases P 70,285, 29 Collier bankr.cas.2d 470, Bankr. L. Rep. P 75,331 Hillis Motors, Inc., and Dallas Edward Rowley v. Hawaii Automobile Dealers' AssociationCourt of Appeals for the Ninth Circuit · 1993
- Lamanna v. EFS Services, Inc. (In Re Lamanna)United States Bankruptcy Court, D. Rhode Island · 2002
- Whitaker v. Interstate Commerce Commission (In Re Olympia Holding Corp.)District Court, M.D. Florida · 1993
10 more not listed; retrieve them via the Exa API.