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AUTOMATED SALVAGE TRANSPORT, INC. v. WHEELABRATOR ENVIRONMENTAL SYSTEMS

No. 229, Docket 96-9281.

155 F.3d 59 (1998)

AUTOMATED SALVAGE TRANSPORT, INC.; Bria Rubbish and Recycling, Inc.; Connecticut Carting & Salvage Corp.; Connecticut Disposal Service, Inc.; D.P.L. Refuse Service, Inc.; Frank Perrotti & Sons, Inc.; Royal Refuse & Recycling, Inc.; Sanitary Refuse Company, Inc.; Quality Recycling and Disposal; C & D Sanitation & Recycling, LLC, Plaintiffs-Appellants, v. WHEELABRATOR ENVIRONMENTAL SYSTEMS, INC.; Bridgeport Resco Company, L.P.; Riley Energy Systems of Lisbon Corporation, Defendants-Appellees, Connecticut Resources Recovery Authority, Intervenor-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 20, 1998.

Attorney(s) appearing for the Case

William M. Bloss, New Haven, CT (David L. Belt, Alinor C. Sterling, Jacobs, Grudberg, Belt & Dow, P.C., New Haven, CT, of counsel), for Plaintiffs-Appellants.

J. Anthony Downs, Boston, MA (A. Lauren Carpenter, Goodwin, Procter & Hoar, LLP, Boston, MA, of counsel), for Defendants-Appellees.

Everett E. Newton, New Haven, CT (Barry J. Waters, April L. Lieberman, Murtha Cullina Richter & Pinney, New Haven, CT, of counsel), for Intervenor-Defendant-Appellee.

Before MESKILL and JACOBS, Circuit Judges, and KORMAN, District Judge.

KORMAN, District Judge:

The Connecticut Resources Recovery Authority ("CRRA") was created by the Connecticut General Assembly in 1973. Since then, "CRRA has developed and maintained a vast system of solid waste management projects, under a Solid Waste Management Plan, which include[s] waste-to-energy plants...." Amended Complaint ¶ 7. The Solid Waste Management Plan, which was promulgated by Connecticut's Department of Environmental Protection ("DEP") pursuant...

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