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Preemption Department of Environmental Quality

Mitchell, Williams, Selig, Gates & Woodyard,...

Solid Waste Incineration: U.S. District Court Addresses Challenge to Baltimore Ordinance

The United States District Court for the District of Maryland (“Court”) addressed in a March 27th opinion a challenge to Baltimore’s regulation of solid waste incineration facilities in the city. See Wheelabrator Baltimore,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oregon Clean Fuels Program: U.S. Court of Appeals for the 9th Circuit Addresses Judicial Challenge

The United States Court of Appeals for the Ninth Circuit addressed a challenge to Oregon’s Clean Fuels Program (“Program”). See American Fuel & Petrochemical Manufacturers v. O’Keeffe, No. 15-35834, 2018 WL 4263250 (9th Cir....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flow Control/Solid Waste: Federal Appellate Court Addresses Constitutional Challenge

The Tenth Circuit Court of Appeals (“Court”) addressed in a May 14th opinion a constitutional challenge to a Wyoming City’s flow control ordinance. See Dirty Boyz Sanitation Serv. Inc., v. City of Rawlins, Wyoming, No....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Ash/Preemption: Federal Appellate Court Addresses Challenge to Municipal Regulation

The United States Court of Appeals for the First Circuit (“Court”) addressed whether two Pureto Rican municipalities could prohibit the beneficial use and disposal of coal ash (also known as Coal Combustion Residuals [“CCR”]...more

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