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PALUMBO v. WASTE TECHNOLOGIES INDUSTRIES

No. 92-2415.

989 F.2d 156 (1993)

Mario J. PALUMBO, Attorney General of West Virginia, as parens patriae of certain Citizens of West Virginia; City of Chester, WV, Plaintiffs-Appellees, v. WASTE TECHNOLOGIES INDUSTRIES, an Ohio partnership; Von Roll (Ohio), Incorporated, a Delaware Corporation; Energy Technology, Incorporated, an Ohio Corporation; Waste Technologies, Incorporated, an Arkansas Corporation; Environmental Elements Ohio, Incorporated, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 23, 1993.

Attorney(s) appearing for the Case

Randolph Carson Wiseman, Trial Counsel, Bricker & Eckler, Columbus, OH, argued (Charles H. Waterman, III, Bernadette J. Bollas, Bricker & Eckler, Columbus, OH, Lester C. Hess, Jr., Jeffrey A. Holmstrand, Bachmann, Hess, Bachmann & Garden, Wheeling, WV, on brief), for defendants-appellants.

Richard Lee Gottlieb, Sp. Asst. Atty. Gen., Lewis, Friedberg, Glasser, Casey & Rollins, Charleston, WV, argued (Darrell V. McGraw, Jr., Atty. Gen., Stephen R. Van Camp, Asst. Atty. Gen., Charleston, WV, on brief), for plaintiffs-appellees.

Before ERVIN, Chief Judge, and WIDENER and WILKINSON, Circuit Judges.

OPINION

WILKINSON, Circuit Judge:

After years of gathering state and federal permits for their hazardous waste incinerator, defendants here face a collateral challenge to the validity of those permits by certain citizens of West Virginia. The issue on this certified interlocutory appeal is whether the district court has subject matter jurisdiction over such a challenge, under the citizens' suit provision of the Resource Conservation and Recovery Act, 42...

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