ENVIRONMENTAL TECHNOLOGIES COUNCIL, On behalf of itself and its members, Plaintiff,
v.
STATE OF SOUTH CAROLINA; Carroll A. Campbell, Governor; Commissioner, South Carolina Department of Health and Environmental Control; South Carolina Department of Health and Environmental Control; and South Carolina Board of Health and Environmental Control, Defendants,
and
Sierra Club, Energy Research Foundation, Citizens for Clean Air and Water, Environmentalists, Inc., and Citizens Asking for a Safe Environment, Inc. (CASE), Intervenor-Defendants.
United States District Court, D. South Carolina, Columbia Division.https://leagle.com/images/logo.png
April 13, 1995.
April 13, 1995.
Attorney(s) appearing for the Case
Stuart H. Newberger, Howard B. Crystal, Crowell and Moring, Washington, DC, Jeter E. Rhodes, Jr., McCutchen, Blanton, Rhodes & Johnson, Columbia, SC (David R. Case, General Counsel, Environmental Technology Council, Washington, DC, of counsel), for Plaintiff.
Charles Malony Condon, Attorney General, Kenneth P. Woodington, Senior Assistant Attorney General, Cameron B. Littlejohn, Jr., Assistant Attorney General, Columbia, SC, for State of South Carolina.
Treva G. Ashworth, Deputy Attorney General, Columbia, SC, for David M. Beasley, Governor of the State of South Carolina.
Carlisle Roberts, Jr., General Counsel, Jacquelyn S. Dickman, Assistant General Counsel, Columbia, SC, for Commissioner, South Carolina Department of Health and Environmental Control; South Carolina Department of Health and Environmental Control; and South Carolina Board of Health and Environmental Control.
Charles F. Lettow, Michael A. Mezzuchi, Cleary, Gottlieb, Steen & Hamilton, Washington, DC, for Defendants.
James S. Chandler, Jr., South Carolina Environmental Law Project, Pawleys Island, SC, Robert Guild, Columbia, SC, for intervenors Citizens for Clean Air and Water, Citizens Asking for a Safe Environment, Inc., and Environmentalists, Inc.
United States District Court, D. South Carolina, Columbia Division.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
PERRY, District Judge.
The plaintiff has moved for summary judgment, asserting that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law. Plaintiff seeks a declaration that certain executive orders, statutes and a regulation are invalid under the Interstate Commerce Clause of the United States Constitution.1 Previously, this Court...
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