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NATIONAL SOLID WASTES MGT. ASS'N v. VOINOVICH

No. 91-3466.

959 F.2d 590 (1992)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, Plaintiff-Appellee, v. George V. VOINOVICH, Governor, State of Ohio; et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1992.

Rehearing and Rehearing Denied May 14, 1992.

Attorney(s) appearing for the Case

Michael Roy Szolosi, Kimberly A. Rye, Szolosi & Fitch, Columbus, Ohio, E. Barrett Prettyman, Jr., Jonathan L. Abram, Catherine J. LaCroix (argued and briefed), Ronald J. Wiltsie, II, Hogan & Hartson, Washington, D.C., for plaintiff-appellee.

Kathleen McDonald O'Malley, Office of Atty. Gen. of Ohio, E. Dennis Muchnicki, Asst. Atty. Gen. (briefed), Paula T. Cotter, Bryan F. Zima (briefed), Mary Kathleen Smith, Athan A. Vinolus, Office of Atty. Gen., Environmental Enforcement Section, Columbus, Ohio, Lee I. Fisher (argued), Cleveland, Ohio, Sarah E. Lynn, Columbus, Ohio, for defendants-appellants.

Stanley E. Cox (briefed), Asst. Atty. Gen., Sp. Prosecutions Div., Frankfort, Ky., for amicus curiae Com. of Ky.

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and HILLMAN, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 14, 1992.

HILLMAN, Senior District Judge.

This case involves a challenge under the Commerce Clause to the constitutionality of two Ohio statutes regulating the import of solid wastes generated in other states for disposal in Ohio. Ohio Rev.Code section 3734.57 establishes fees for disposal of solid wastes, charging a higher fee for wastes generated outside Ohio than for wastes generated within the state.

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