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-Appellants.
United States of America, Amicus Curiae.
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 Patrick Hudson, Deputy Atty. Gen., Columbia, S.C., and Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., argued (T. Travis Medlock, Atty. Gen. of S.C., Edwin E. Evans, Chief Deputy Atty. Gen., Kenneth P. Woodington, Sr. Asst. Atty. Gen., Columbia, S.C., Matthew D. Slater, Washington, D.C., Treva G. Ashworth, Sr. Asst. Atty. Gen., Mark R. Elam, Sr. Legal Counsel, Office of the Governor, and Walton J. McLeod, III, Gen. Counsel, Jacquelyn S. Dickman, Asst. Gen. Counsel, Samuel L. Finklea, III, Staff Counsel, Columbia, S.C., on brief), for defendants-appellants.
Stuart Henry Newberger, Crowell & Moring, Washington, D.C., argued (Ridgeway M. Hall, Jr., Clifton S. Elgarten, Melissa J. McKenney, Amy J. Mauser, 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., on brief), for plaintiff-appellee.
Richard B. Stewart, Asst. Atty. Gen., Anne S. Almy, Nancy K. Stoner, U.S. Dept. of Justice, Washington, D.C., for amicus curiae.
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:
The case before us arises on appeal from a preliminary injunction granted to Hazardous Waste Treatment Council ("HWTC")1 which enjoins South Carolina from enforcing, applying, or attempting to apply portions of two state executive orders, two state statutes, and one regulation, all relating to hazardous waste management, 766 F.Supp. 431. HWTC's contention...
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