Khodara Environmental, Inc. v. Beckman

OPINION OF THE COURT

ALITO, Circuit Judge:

Eagle Environmental, L.P. (“Eagle”), a landfill developer, brought both facial and as-applied challenges against a federal statute regulating the placement of waste disposal facilities near airports. The District Court struck down the law as facially unconstitutional, holding that it was so irrationally under inclusive as to violate equal protection.

While this appeal was pending, Congress repealed the challenged statute and replaced it with a substantially broader regulatory scheme. We believe that this action has mooted Eagle’s claims regarding the…