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HAZARDOUS WASTE TREATMENT COUNCIL v. STATE OF S.C.

Civ. A. No. 3:90-1402-0.

766 F.Supp. 431 (1991)

HAZARDOUS WASTE TREATMENT COUNCIL, on behalf of itself and its members, Plaintiff, v. STATE OF SOUTH CAROLINA, John T. Campbell, Secretary of State, Carroll A. Campbell, Jr., Governor, in his official Capacity, Commissioner, South Carolina Department of Health and Environmental Control, in his official capacity, and South Carolina Department of Health and Environmental Control, Defendants.

United States District Court, D. South Carolina, Columbia Division.

January 11, 1991.

Attorney(s) appearing for the Case

Jeter E. Rhodes, Jr., Whaley, McCutchen, Blanton & Rhode, Columbia, S.C., Stuart H. Newberger, Crowell & Moring, David E. Case, Washington, D.C., for plaintiff.

T. Travis Medlock, Atty. Gen., Edwin E. Evans, Chief Deputy Atty. Gen., James Patrick Hudson, Deputy Atty. Gen., Kenneth P. Woodington, Sr. Asst. Atty. Gen., Columbia, S.C., Charles F. Lettow, Matthew D. Slater, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., for State of S.C.

Treva G. Ashworth, Sr. Asst. Atty. Gen., Mark R. Elam, Sr. Legal Counsel, Columbia, S.C., for Carroll A. Campbell, Jr.

Walton J. McLeod, III, Gen. Counsel, Jacquelyn S. Dickman, Asst. Gen. Counsel, Samuel L. Finklea, Staff Counsel, Columbia, S.C., for Com'r of South Carolina Dept. of Health & Environmental Control and South Carolina Dept. of Health and Environmental Control, South Carolina Bd. of Health and Environ. Control.

James E. Chandler, Jr., Pawleys Island, S.C., for proposed intervenors Sierra Club and Energy Research.

Robert Guild, Columbia, S.C., for Citizens for Clean Air and Water and Environmentals, Inc.

MEMORANDUM AND ORDER

PERRY, District Judge.

The plaintiff Hazardous Waste Treatment Council, a corporate trade association with approximately seventy member firms providing licensed services of treatment, recycling and disposal of hazardous wastes, commenced this action against the defendants State of South Carolina, its Governor, the South Carolina Department of Health and Environmental Control (DHEC) its Commissioner and its Board for declaratory and injunctive...

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