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NAT. SOLID WASTES MGT. v. ALA. D. OF ENVIR. MGT.

No. 90-7047.

924 F.2d 1001 (1991)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, and Chemical Waste Management, Inc., Plaintiffs-Appellants, v. The ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT; Leigh Pegues, Individually and as Director of the Alabama Department of Environmental Management; and Guy Hunt, Individually and as Governor of Alabama, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 7, 1991.

Attorney(s) appearing for the Case

Fournier J. Gale, III, H. Thomas Wells, Jr., Alfred F. Smith, Jr., Maynard, Cooper, Frierson & Gale, Birmingham, Ala., for plaintiffs-appellants.

Bert Nettles, Alton B. Parker, Jr., Kenneth O. Simon, Spain, Gillon, Grooms, Blan & Nettles, Birmingham, Ala., for defendants-appellees.

Anne S. Almy, Asst. Atty. Gen., Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., amicus curiae, for plaintiffs-appellants.

Roger C. Zehntner, John T. Van Gessel, Chemical Waste Management, Inc., Oak Brook, Ill., for Chemical Waste Management.

E. Dennis Muchincki, Chief, Office of Atty. Gen., Environmental Enforcement Section, Columbus, Ohio, amicus curiae, for State of Ohio.

Before EDMONDSON, Circuit Judge, and HILL and HENDERSON, Senior Circuit Judges.

PETITION FOR REHEARING

(Opinion August 8, 1990, 11th Cir., 910 F.2d 713)

BY THE COURT:

While rehearing is unwarranted, the possibility that portions of this case have been mooted has made necessary a modification of our original opinion.

I. Mootness

Recognizing our continuing "duty to review [the] jurisdiction of an appeal at any point in the appellate process," Wahl v. McIver, ...

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