WASTE MANAGEMENT HOLDINGS, INC. v. GILMORE

Civil Action No. 3:99CV425.

64 F.Supp.2d 523 (1999)

WASTE MANAGEMENT HOLDINGS, INC., et al., Plaintiffs, v. James S. GILMORE, III, in his official capacity as Governor of the Commonwealth of Virginia, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

June 30, 1999.


Attorney(s) appearing for the Case

Robert Lawrence Bronston, Kenneth S. Geller, Evan M. Tager, Mayer, Brown & Platt, Washington, DC, for Waste Management Holdings, Inc.

Shawn Alan Copeland, Hunton & Williams, Richmond, VA, John Early Holloway, Hunton & Williams, Norfolk, VA, for Hale Intermodal Marine Co.

Anthony F. Troy, James S. Crockett, Jr., Mays & Valentine, Richmonds, VA, for Weanack Land Limited Partners.

B. Randolph Boyd, Randolph, Boyd, Cherry & Vaughn, Richmond, VA, for Charles City County.

Shawn Alan Copeland, David Alan Rudlin, Timothy George Hayes, Hunton & Williams, Richmond, VA, Meade Addison Spotts, Spotts, Smith, Fain & Rawls, Richmond, VA, Jason S. Thomas, Hunton & Williams, Raleigh, NC, for Brunswick Waste Management.

Deborah Love Feild, Richmond, VA, Ellen Firsching Brown, Attorney General of Virginia, Richmond, VA, Stewart Todd Leeth, Assistant Attorney General, Richmond, VA, William Eugene Thro, Office of the Attorney General, Richmond, VA, for James S. Gilmore, III, John Paul Woodley, Jr., Dennis Treacy, Jr.

Meade Addison Spotts, Hugh McCoy Fain, III, Spotts, Smith, Fain & Rawls, Richmond, VA, for the National Solid Wastes Management Association.

Meade Addison Spotts, Hugh McCoy Fain, III, Spotts, Smith, Fain & Rawls, Richmond, VA, John H. Turner, Houston, TX, for BFI Waste Systems of North America, Inc.


MEMORANDUM OPINION

SPENCER, District Judge.

This matter is before the Court on Plaintiffs' Motion for a Preliminary Injunction. For the reasons stated herein, the Court GRANTS the motion in its entirety.

I. BACKGROUND

This is an action to enjoin the enforcement of several new Virginia statutes relating to the disposal and transportation of municipal solid waste. The challenged provisions are scheduled to take effect on July 1, 1999...

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