Legal Opinion

In Re Sierra Club in Re Energy Research Foundation in Re Citizens for Clean Air and Water in Re Environmentalists, Incorporated in Re Citizens Asking for a Safe Environment, Incorporated (Case), Hazardous Waste Treatment Council, on Behalf of Itself and Its Members v. State of South Carolina Carroll A. Campbell, Jr., Governor of the State of South Carolina Commissioner, South Carolina Department of Health and Environmental Control South Carolina Department of Health and Environmental Control South Carolina Board of Health and Environmental Control, in Re Sierra Club in Re Energy Research Foundation in Re Citizens for Clean Air and Water in Re Environmentalists, Incorporated, Thermalkem, Incorporated v. South Carolina Department of Health and Environmental Control South Carolina Board of Health and Environmental Control Michael D. Jarrett Henry S. Jordan John B. Pate William E. Applegate, III Toney Graham, Jr. John H. Burriss Richard E. Jabbour Currie B. Spivey Harry M. Hallman, Jr., Current and Former Members of the South Carolina Board of Health and Environmental Control

Court of Appeals for the Fourth Circuit

Decided September 20, 1991No. 91-2331PublishedCited by 50 opinions

1Opinion of the Court

945 F.2d 776

33 ERC 1741, 20 Fed.R.Serv.3d 950, 21

Envtl. L. Rep. 21,503

In re SIERRA CLUB; In re Energy Research Foundation; In re

Citizens For Clean Air and Water; In re Environmentalists,

Incorporated; In re Citizens Asking for a Safe Environment,

Incorporated (case), Appellants.

HAZARDOUS WASTE TREATMENT COUNCIL, on behalf of itself and

its members, Plaintiff-Appellee,

v.

STATE of SOUTH CAROLINA; Carroll A. Campbell, Jr., Governor

of the State of South Carolina; Commissioner, South

Carolina Department of Health and Environmental Control;

South Carolina Department of Health and Environmental

Control;…

2Cases cited8 opinions

  1. Diamond v. CharlesSupreme Court of the United States · 1986
  2. Trbovich v. United Mine WorkersSupreme Court of the United States · 1972
  3. Keith v. DaleyCourt of Appeals for the Seventh Circuit · 1985
  4. Gould v. Alleco, Inc.Court of Appeals for the Fourth Circuit · 1989
  5. United States v. Louis GuglielmiCourt of Appeals for the Fourth Circuit · 1991

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3Cited by50 opinions

  1. Utah Ass'n of Counties v. ClintonCourt of Appeals for the Tenth Circuit · 2001
  2. Mausolf v. BabbittCourt of Appeals for the Eighth Circuit · 1996
  3. Coalition of Arizona/New Mexico Counties for Stable Economic Growth v. Department of the InteriorCourt of Appeals for the Tenth Circuit · 1996
  4. Public Service v. NH Consumer AdvocateCourt of Appeals for the First Circuit · 1998
  5. 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

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