Khodara Environmental, Inc., General Partner, On Behalf of Eagle Environmental, L.P.
v.
Steven Beckman; Federal Aviation Administration; Clearfield-Jefferson Counties Regional Airport Authority; Donald R. Johnson; Paul Sekula; William Miksich; Frederick G. Murray; Tim Morgan; Robert E. Reitz; Henry Deible; Paul McMillen; Mark Mckinley; Jane F. Garvey; Jefferson County; Pine Creek Township (Intervenor-defendants in D.C.),
Federal Aviation Administration, Appellant in No. 99-3458, Khodara Environmental, Inc., general partner acting on behalf of Eagle Environmental, L.P., (collectively "Eagle"), Appellant in No. 99-3465, Steven Beckman, Appellant in No. 99-3475.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued: February 28, 2000.
Filed January 17, 2001.
Attorney(s) appearing for the Case
DAVID W. OGDEN, Acting Assistant Attorney General, HARRY LITMAN, United States Attorney, MARK B. STERN, SCOTT R. McINTOSH, (Argued), Attorneys, Appellate Staff, Civil Division, Department of Justice, 601 D Street N.W., Room 9550, Washington, DC, 20530-0001, Counsel for Appellant Federal Aviation Administration.
JOHN P. KRILL, JR. (Argued), CARLETON O. STROUSS, JACQUELINE JACKSON-DeGARCIA, JULIA M. GLENCER, Kirkpatrick & Lockhart LLP, 240 North Third Street, Harrisburg, PA 17101, Counsel for Appellee/Cross-Appellant Khodara Environmental, Inc.
PAUL A. TUFANO, General Counsel, THADDEUS A. WEBER (Argued), Assistant Counsel, Commonwealth of Pennsylvania, Department of Environmental Protection, Northwest Regional Counsel, Meadville, PA 16335, Counsel for Appellant/Cross-Appellee Steven Beckman.
THOMAS L. WENGER (Argued), STEVEN R. WILLIAMS, Wix, Wenger & Williams, 508 North Second Street, Harrisburg, PA 17101, Counsel for Appellees Clearfield-Jefferson Counties Regional Airport Authority, Donald R. Johnson, Paul Sekula, William Miksich, Frederick G. Murray, Tim Morgan, Robert E. Reitz, Henry Deible, Paul McMillen and Mark McKinley.
BEFORE: ALITO and STAPLETON, Circuit Judges, and POLLAK, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ALITO, Circuit Judge:
Eagle Environmental, L.P. ("Eagle"), a landfill developer, brought both facial and as-applied challenges against a federal statute regulating the placement of waste disposal facilities near airports. The District Court struck down the law as facially unconstitutional, holding that it was so irrationally under inclusive as to violate equal protection.
While this appeal was pending, Congress repealed the challenged...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
