WASTE MANAGEMENT HOLDINGS v. GILMORE

No. Civ.A. 3:99CV425.

87 F.Supp.2d 536 (2000)

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

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

February 2, 2000.


Attorney(s) appearing for the Case

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

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

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

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

Shawn Alan Copeland, Hunton & Williams, Richmond, VA, David Alan Rudlin, Hunton & Williams, Richmond, VA, Timothy George Hayes, Hunton & Williams, Richmond, VA, Meade Addison Spotts, Spotts, Smith, Fain, Buis, PC., Richmond, VA, Jason S. Thomas, Hunton & Williams, Raleigh, NC, for Brunswick Waste Management Facility, L.L.C., consolidated plaintiff.

Deborah Love Feild, Office Of The Attorney General, Richmond, VA, Ellen Firsching Brown, Attorney General of Virginia, Richmond, VA, Stewart Todd Leeth, Assistant Attorney General, Richmond, VA, William Eugene Thro, Christopher Newport University, Newport News, VA, for James S. Gilmore, III, in his official capacity as Governor of the Commonwealth of Virginia, John Paul Woodley, Jr., in his official capacity as Secretary of Natural Resources, Dennis Treacy, Jr., in his official capacity as Director of the Virginia Department of Environmental Quality, defendants.

Glen Besa, Richmond, VA, for Glen Besa, movant pro se.

David Sanburg Bailey, Beaverdam, VA, for Campaign Virginia, movant.

Clayton Lewis Walton, Williams, Mullen, Clark & Dobbins, Richmond, VA, Barbara Joan Gaden, Barbara J. Gaden, LLC, Richmond, VA, Stewart Todd Leeth, Assistant Attorney General, Richmond, VA, for John H. Hager, Honorable, Emily Couric, Senator, Margaret Whipple, Senator, Bruce Jamerson, Mark A. Miner, Lila Young, movants.

Meade Addison Spotts, Spotts, Smith, Fain, Buis, PC, Richmond, VA, Hugh McCoy Fain, III, Spotts, Smith, Fain & Buis, P.C., Richmond, VA, for The National Solid Wastes Management Association, amicus.

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


MEMORANDUM OPINION

SPENCER, District Judge.

THIS MATTER is before the Court on a Motion for Partial Summary Judgment brought by Defendants JAMES S. GILMORE, ET AL (herein collectively "Virginia") and a Motion for Summary Judgment brought by Plaintiffs WASTE MANAGEMENT HOLDINGS, ET AL (herein collectively "Plaintiffs"). For the reasons stated below.

1. Virginia's Motion for Partial Summary Judgment is DENIED.

2. Plaintiffs' Motion for...

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