GEO-TECH RECLAMATION INDUSTRIES, INC. v. HAMRICK

Nos. 89-2021, 89-2022.

886 F.2d 662 (1989)

GEO-TECH RECLAMATION INDUSTRIES, INC., a West Virginia Corporation; Marvin C. Miller, an individual; LCS Services, Inc., a West Virginia Corporation; Frank L. Corrado, an individual; Joseph J. Corrado, an individual, Richard Vaughan Lenzi, an individual; Lee Snyder, an individual, Plaintiffs-Appellees, v. J. Edward HAMRICK, III, Director, West Virginia Department of Natural Resources; David W. Robinson, Chief, Division of Water Resources of the West Virginia Department of Natural Resources; B. Douglas Steele, Chief, Division of Hazardous and Solid Waste Management of the West Virginia Department of Natural Resources; Citizens to Fight North Mountain Waste Site, Defendants-Appellants. Carl CROOKS, Jr., Plaintiff-Appellee, v. J. Edward HAMRICK, III, Director, West Virginia Department of Natural Resources; David W. Robinson, Chief, Division of Water Resources of the West Virginia Department of Natural Resources; B. Douglas Steele, Chief, Division of Hazardous and Solid Waste Management of the West Virginia Department of Natural Resources; Gaston Caperton, Governor of the State of West Virginia, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1989.


Attorney(s) appearing for the Case

Jennifer Joy Costello, Sr. Asst. Atty. Gen. (Charles G. Brown, Atty. Gen. on brief); Susan Renee Snowden (Martin & Seibert, Martinsburg, W.Va., on brief), for defendants-appellants.

James Ronald Snyder (Jackson & Kelly, Charleston, W.Va., on brief), Thomas H. Vanderford, IV, Charleston, W.Va., (Martin C. Miller, Frank L. Corrado, Kew Gardens, N.Y., Joseph J. Corrado, Richard Vaughan Lenzi, Lee Snyder on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.


ERVIN, Chief Judge:

In this consolidated appeal, several West Virginia state environmental officials (collectively "West Virginia") and an organization known as "Citizens to Fight North Mountain Waste Site" appeal from determinations on summary judgment that a provision of West Virginia's Solid Waste Management Act, W.Va.Code § 20-5F-4(b), is facially unconstitutional. Because we find that the statutory language in question bears no rational relation "to the...

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