In re SIERRA CLUB; In re Energy Research Foundation; In re Citizens For Clean Air and Water; In re Environmentalists, Incorporated; In re Citizens Asking for a Safe Environment, Incorporated (case), Appellants.
HAZARDOUS WASTE TREATMENT COUNCIL, on behalf of itself and its members, Plaintiff-Appellee,
v.
STATE of SOUTH CAROLINA; Carroll A. Campbell, Jr., Governor of the State of South Carolina; Commissioner, South Carolina Department of Health and Environmental Control; South Carolina Department of Health and Environmental Control; South Carolina Board of Health and Environmental Control, Defendants-Appellees.
In re SIERRA CLUB; In re Energy Research Foundation; In re Citizens for Clean Air and Water; In re Environmentalists, Incorporated, Appellants.
THERMALKEM, INCORPORATED, Plaintiff-Appellee,
v.
SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; South Carolina Board of Health and Environmental Control; Michael D. Jarrett; Henry S. Jordan; John B. Pate; William E. Applegate, III; Toney Graham, Jr.; John H. Burriss; Richard E. Jabbour; Currie B. Spivey; Harry M. Hallman, Jr., current and former members of the South Carolina Board of Health and Environmental Control, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued May 6, 1991.
Decided September 20, 1991.
Attorney(s) appearing for the Case
James S. Chandler, Jr., South Carolina Environmental Law Project, Pawleys Island, S.C., argued (Robert Guild, Columbia, S.C., on brief) for appellants.
Matthew D. Slater, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., argued (Charles F. Lettow, Washington, D.C., T. Travis Medlock, South Carolina Atty. Gen., Edwin E. Evans, Chief Deputy Atty. Gen., James Patrick Hudson, Deputy Atty. Gen., Kenneth P. Woodington, Sr. Asst. Atty. Gen., Treva G. Ashworth, Sr. Asst. Atty. Gen., Mark R. Elam, Sr. Legal Counsel, Office of the Governor, Walton J. McLeod, III, Gen. Counsel, Jacquelyn S. Dickman, Asst. Gen. Counsel, and Samuel L. Finklea, III, Staff Counsel, Columbia, S.C., on brief) for defendants-appellees.
Stuart Henry Newberger, Crowell & Moring, Washington, D.C., Richard H. Willis, Nelson, Mullins, Riley & Scarborough, Columbia, S.C., argued (Ridgeway M. Hall, Jr., Clifton S. Elgarten, Melissa J. McKenney, Washington, D.C., Jeter E. Rhodes, Jr., Whaley, McCutchen, Blanton & Rhodes, Columbia, S.C., David Case, Gen. Counsel, Hazardous Waste Treatment Council, Washington, D.C., Karen A. Crawford, Columbia, S.C., Angus Macbeth, Doris K. Nagel, Sidley & Austin, Washington, D.C., on brief) for plaintiffs-appellees.
Before MURNAGHAN and SPROUSE, Circuit Judges, and MURRAY, Senior District Judge for the District of Maryland, sitting by designation.
United States Court of Appeals, Fourth Circuit.
OPINION
MURNAGHAN, Circuit Judge:
Sierra Club, Energy Research Foundation, Citizens for Clean Air and Water, Environmentalists, Inc., and Citizens Asking for a Safe Environment, Inc. ("CASE"), (collectively "Sierra Club") appeal from a district court order denying motions to intervene in two other cases — 1) Hazardous Waste Treatment Council v. South Carolina and 2) ThermalKEM, Inc. v. South Carolina Dep't of Health and Environmental Control...
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