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GREENPEACE, INC. v. WASTE TECHNOLOGIES INDUSTRIES

No. 93-3216.

9 F.3d 1174 (1993)

GREENPEACE, INC.; Frank C. Smith; M. Joy Allison; Becky J. Ammon; Beth Knapp; Becky Tobin; Robert McKinnon; Margery McKinnon; Virgil Reynolds; Lois Sevy; Keith Sevy; Alonzo Spencer; and Teresa Swearingen, Plaintiffs-Appellees, v. WASTE TECHNOLOGIES INDUSTRIES; and Von Roll (Ohio), Inc., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 19, 1993.

Rehearing and Suggestion for Rehearing Denied February 3, 1994.

Attorney(s) appearing for the Case

Christopher D. Stanley, Cleveland, OH, Edward Slavin (briefed), Legal Counsel for Constitutional Rights, Mick G. Harrison (argued and briefed), Richard E. Condit (briefed), Government Accountability Project, Washington, DC, for plaintiffs-appellees.

Bernadette J. Bollas (briefed), Randolph Carson Wiseman (argued and briefed), Charles H. Waterman, III (briefed), Bricker & Eckler, Columbus, OH, for defendants-appellants.

James W. Wiggin, III, Thompson, Hine & Flory, Cincinnati, OH, Edward W. Warren, Kirkland & Ellis, Washington, DC (briefed), for National League of Cities, amicus curiae. National Solid Wastes Management Ass'n, Solid Waste Ass'n of North America, Integrated Waste Services Ass'n, Coalition for Responsible Waste Incineration, Cement Kiln Recycling Coalition and Ohio Chemical Council, amicus curiae.

Before: KENNEDY and NORRIS, Circuit Judges; and ENGEL, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied February 3, 1994.

ALAN E. NORRIS, Circuit Judge.

Defendants Waste Technologies Industries and Von Roll (Ohio), Inc. (collectively "WTI"), appeal the order issued by the district court at the behest of plaintiffs Greenpeace, Inc., and twelve East Liverpool, Ohio, residents (collectively "Greenpeace"). The order enjoins WTI from continuing limited operation of its East Liverpool hazardous waste incinerator...

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