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NATIONAL SOLID WASTES MANAGEMENT ASS'N v. KILLIAN

No. 89-3069.

918 F.2d 671 (1990)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, an Illinois not-for-profit corporation, Plaintiff-Appellant, v. Bernard KILLIAN, Director of the Environmental Protection Agency, an Illinois agency, in his representative capacity and Neil F. Hartigan, Attorney General of the State of Illinois, in his representative capacity, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 14, 1990.

Rehearing and Rehearing Denied January 29, 1991.

Attorney(s) appearing for the Case

William P. Jones, Terence E. Flynn, Gessler, Flynn, Fleischmann, Hughes & Socol, Chicago, Ill., for plaintiff-appellant.

John A. Simon, Asst. Atty. Gen., William D. Seith, Christine S. Bucko, Asst. Atty. Gen., Chicago, Ill., for defendants-appellees.

Before CUDAHY and EASTERBROOK, Circuit Judges, and SNEED, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 29, 1991.

CUDAHY, Circuit Judge.

National Solid Wastes Management Association ("NSWMA") challenges the constitutionality of certain Illinois laws providing for the training, testing and licensing of hazardous waste site workers. According to NSWMA, the Illinois laws are preempted by the Occupational Safety and Health Act, 29 U.S.C. § 655 et seq. (the "OSH Act"), and regulations promulgated by the Occupational...

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