ATLANTIC COAST DEMOLITION & RECYCLING, INC. Appellant,
v.
BOARD OF CHOSEN FREEHOLDERS OF ATLANTIC COUNTY; Atlantic County Utilities Authority; Board of Chosen Freeholders of Camden County; Pollution Control Financing Authority of Camden County; Scott Weiner, individually and in his capacity as Commissioner of New Jersey Department of Environmental Protection and Energy.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 13, 1994.
Decided February 16, 1995.
Sur Petition for Rehearing March 28, 1995.
Attorney(s) appearing for the Case
Mark R. Rosen (argued), Jodi Isenberg, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Haddonfield, NJ, for appellant.
James J. Ciancia, Acting Atty. Gen., Andrea M. Silkowitz, Asst. Atty. Gen., Gail M. Lambert (argued), Stefanie A. Brand, Deputy Attys. Gen., Newark, NJ, for appellee Scott Weiner.
William J. Linton, Atlantic County Utilities Authority, Pleasantville, NJ, for appellee Atlantic County Utility Authority.
Frederick J. Schuck, Camden, NJ, for appellee Bd. of Chosen Freeholders of Camden County.
Jonathan L. Williams, J.S. Lee Cohen (argued), Michael S. Caro, DeCotiis, Fitzpatrick & Gluck, Hackensack, NJ, for amici curiae Hudson County Improvement Authority, Passaic County Utilities Authority and Essex County Utilities Authority Mercer County Imp. Authority.
Joseph J. Slachetka, John A. Mercer, Jr., Higgins, Slachetka & Long, Laurel Springs, NJ, for amicus curiae Cape May County Mun. Utilities Authority.
Gail B. Phelps, Asst. Counsel, Bureau of Regulatory Counsel, Harrisburg, PA, for amicus curiae Pennsylvania Dept. of Environmental Resources.
Betty Jo Christian, Paul J. Ondrasik, Jr., William T. Hassler, Steptoe & Johnson, Washington, D.C. (Bruce J. Parker, Alan S. Ashkinaze, Of Counsel), and Michael F. Riccardelli, Ronald S. Bergamini, Riccardelli, Rose & Hoonhoudt, Montclair, NJ, for amici curiae City of Jersey City, Borough of Northvale, C & A Carbone, Inc., National Solid Wastes Management Ass'n, and Waste Management Ass'n of New Jersey.
Before: STAPLETON, ALITO and LEWIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
STAPLETON, Circuit Judge:
This appeal concerns the constitutional validity of New Jersey's solid waste regulatory scheme. Atlantic Coast Demolition and Recycling, Inc. ("Atlantic Coast") sought to enjoin enforcement of New Jersey's waste flow regulations on the ground they violate the dormant Commerce Clause. The district court entered judgment in favor of defendant New Jersey Department of Environmental Protection and Energy ("the Department...
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