GADE v. NATIONAL SOLID WASTES MANAGEMENT ASSN.

No. 90-1676.

505 U.S. 88 (1992)

GADE, DIRECTOR, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY v. NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION

United States Supreme Court.

Decided June 18, 1992.


Attorney(s) appearing for the Case

John A. Simon, Assistant Attorney General of Illinois, argued the cause for petitioner. With him on the briefs were Roland W. Burris, Attorney General, Rosalyn B. Kaplan, Solicitor General, and Tanya Solov, Assistant Attorney General.

Donald T. Bliss argued the cause for respondent. With him on the brief were Arthur B. Culvahouse, Jr., Bruce J. Parker, and John T. Van Gessel.

William K. Kelley argued the cause pro hac vice for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Deputy Solic- it or General Mahoney, Allen H. Feldman, Steven J. Mandel, and Nathaniel I. Spiller.*

O'Connor, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, and IV, in which Rehnquist, C. J., and White, Scalia, and Kennedy, JJ., joined, and an opinion with respect to Part II, in which Rehnquist, C. J., and White and Scalia, JJ., joined. Kennedy, J., filed an opinion concurring in part and concurring in the judgment, p. 109. Souter, J., filed a dissenting opinion, in which Blackmun, Stevens, and Thomas, JJ., joined, p. 114.


Justice O'Connor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III, and IV, and an opinion with respect to Part II in which The Chief Justice, Justice White, and Justice Scalia join.

In 1988, the Illinois General Assembly enacted the Hazardous Waste Crane and Hoisting Equipment Operators Licensing Act, Ill. Rev. Stat., ch. 111, ¶¶ 7701-7717 (1989), and the Hazardous Waste Laborers Licensing Act, Ill....

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