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CHEMICAL WASTE MANAGEMENT, INC. v. TEMPLET

No. 91-3693 Summary Calendar.

967 F.2d 1058 (1992)

CHEMICAL WASTE MANAGEMENT, INC., Plaintiff-Appellee, v. Paul H. TEMPLET, Ph.D., Secretary of the Louisiana Department of Environmental Quality, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 10, 1992.

Attorney(s) appearing for the Case

Meredith H. Lieux, Louisiana Dept. of Environmental Quality and John King, Dept. of Environmental Quality, Office of Legal Affairs, Baton Rouge, La., for defendant-appellant.

Gerald L. Walter and Anne J. Crochet, Baton Rouge, La., for plaintiff-appellee.

Before REAVLEY, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

REAVLEY, Circuit Judge:

Louisiana prohibits the importation, storage, treatment, and disposal on Louisiana soil of hazardous wastes that are generated in foreign nations. LA.REV.STAT. ANN. §§ 30:2190-91 (West 1989). The district court declared that these statutes are unconstitutional intrusions on Congress' dormant commerce power. Chemical Waste Management, Inc. v. Templet, 770 F.Supp. 1142, 1153 (M.D.La.1991...

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