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NATIONAL SOLID WASTES MANAGEMENT ASS'N v. MEYER

Nos. 94-4006, 95-1058.

63 F.3d 652 (1995)

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, Valley Sanitation Company, Inc., Land Reclamation Company and Waste Management of Wisconsin, Inc., Plaintiffs-Appellants, v. George MEYER, in his official capacity as Secretary of the Wisconsin Department of Natural Resources, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 1995.

Rehearing and Suggestion for Rehearing Denied September 20, 1995.

Attorney(s) appearing for the Case

Andrew J. Pincus (argued), Evan M. Tager, Laurie R. Rubenstein, Mayer, Brown & Platt, Washington, DC, Ann Ustad Smith, Arvid A. Sather, Michael, Best & Friedrich, Madison, WI, Dennis M. Wilt, Waste Management, Inc., Westchester, IL, Bruce Parker, Environmental Industry Associations, Washington, DC, for National Solid Wastes Management Ass'n, Valley Sanitation Co., Inc., Land Reclamation Co., Waste Management of Wisconsin, Inc.

Frank D. Remington, Asst. Atty. Gen., Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, JoAnne F. Kloppenburg (argued), Wisconsin Dept. of Justice, Madison, WI, for George Meyer.

Before BAUER, EASTERBROOK and RIPPLE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 20, 1995.

RIPPLE, Circuit Judge.

In this appeal, a solid waste trade association and several Wisconsin landfill operators bring a Commerce Clause challenge against a Wisconsin statute. The statute forbids waste generators from using the State's landfills unless they generate waste in a region that has adopted an "effective recycling program," as defined by Wisconsin law. The

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