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NATIONAL SOLID WASTES MGT. v. DEPT. OF ENV. MGT.

Civ. A. No. 89-G-1722-W.

729 F.Supp. 792 (1990)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, and Chemical Waste Management, Inc., Plaintiffs, v. The ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT; Leigh Pegues, as Director of the Alabama Department of Environmental Management; and Guy Hunt, as Governor of Alabama, Defendants.

United States District Court, N.D. Alabama, W.D.

January 12, 1990.

Attorney(s) appearing for the Case

Fournier J. Gale, III, Jarred O. Taylor, II, H. Thomas Wells, Jr., and Alfred Franklin Smith, Maynard, Cooper, Frierson & Gale, Birmingham, Ala., Bruce J. Parker and John H. Turner, Nat. Solid Waste Management Ass'n, Washington, D.C., M. Therese Yasdick and Roger C. Zehntner, Chemical Waste Management, Inc., Legal Dept., Oak Brook, Ill., for plaintiffs.

Alton B. Parker, Jr., Bert S. Nettles, Kenneth O. Simon, Maston E. Martin, Jr. and Joseph C. Daniel, Spain, Gillon, Grooms, Blan & Nettles, Birmingham, Ala., Ronald W. Farley, Ala. Dept. of Environmental Management, H. William Wasden, Legal Advisor to Governor, Montgomery, Ala., for defendants.

Charles R. Driggars, Kaye K. Houser, Sirote and Permutt, P.C., Birmingham, Ala., amicus Hazardous Waste Treatment Council.

MEMORANDUM OPINION

GUIN, District Judge.

During the last four decades the United States has had to reevaluate its attitude toward conservation of its natural resources and protection of the environment. As public awareness has increased, numerous laws to protect the health and welfare of the people and to protect the environment have been enacted. In the early 1950's the Public Health Service Act, 42 U.S.C. § 241 (1970) was passed. By this legislation...

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