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ROLLINS ENVIRONMENTAL SERVICES (FS), INC. v. PARISH OF ST. JAMES

No. 85-3092.

775 F.2d 627 (1985)

ROLLINS ENVIRONMENTAL SERVICES (FS), INC., a Delaware Corporation, Plaintiff-Appellant, v. The PARISH OF ST. JAMES, a political subdivision of the State of Louisiana, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 1, 1985.

Attorney(s) appearing for the Case

William H. Lewis, Jr., David G. Tripp, Morgan, Lewis & Bockius, Washington, D.C., and Emile C. Rolfs, III, Robert L. Boese, Broadhurst, Brook, Mangham and Hardy, Baton Rouge, La., for plaintiff-appellant.

Ridgway M. Hall, Jr., Crowell & Moring, Washington, D.C., for amicus, Hazardous Waste Treatment Council.

Stephen M. Irving, Baton Rouge, La., for Parish of St. James.

Peter M. Arnow, Asst. Atty. Gen., Environmental Enforcement Section, John B. Sheppard, Jr., Baton Rouge, La., for Patricia M. Norton, Sec., La. Dept. of Env. Quality.

David C. Shilton, Martin W. Matzen, Atty., Appellate Section, Land & Natural Resources Div. Justice Dept., Washington, D.C., for U.S. E.P.A.

Before GOLDBERG, REAVLEY and GARWOOD, Circuit Judges.

OPINION

GOLDBERG, Circuit Judge.

This case presents a classic confrontation over the principles of federalism. Appellant Rollins has developed a national system of toxic waste disposal facilities and wishes to locate an intermediate processing plant in St. James Parish, Louisiana. No one contends in this case that Rollins' proposed and existing facilities, and its plans for operating them, do not conform to Congress' directives in the Toxic Substances Control...

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