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WASTE MANAGEMENT HOLDINGS, INC. v. GILMORE

No. 00-1185.

252 F.3d 316 (2001)

WASTE MANAGEMENT HOLDINGS, INCORPORATED; Hale Intermodal Marine Company; Weanack Land Limited Partners; Charles City County; Brunswick Waste Management Facility, Plaintiffs-Appellees, v. 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-Appellants. Glen Besa; Campaign Virginia; John H. Hager, Honorable; Emily Couric, Senator; Margaret Whipple, Senator; Bruce Jamerson; Mark A. Miner; Lila Young, Movants.

United States Court of Appeals, Fourth Circuit.

Decided: June 4, 2001.

Amended: June 11, 2001.

Attorney(s) appearing for the Case

ARGUED: Stewart Todd Leeth, Assistant Attorney General, Richmond, VA, for Appellants. Evan Mark Tager, Mayer, Brown & Platt, Washington, DC; Timothy George Hayes, Hunton & Williams, Richmond, VA, for Appellees.

ON BRIEF: Mark L. Earley, Attorney General of Virginia, William H. Hurd, Solicitor General, Roger L. Chaffe, Senior Assistant Attorney General, Ellen F. Brown, Assistant Attorney General, William E. Thro, Assistant Attorney General, Richmond, VA, for Appellants. Kenneth S. Geller, Miriam R. Nemetz, Mayer, Brown & Platt, Washington, DC; D. Alan Rudlin, Shawn A. Copeland, Hunton & Williams, Richmond, VA; Jason S. Thomas, Hunton & Williams, Raleigh, NC; B. Randolph Boyd, Randolph, Boyd, Cherry & Vaughan, Richmond, VA, for Appellees.

Before WIDENER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part, vacated in part and remanded by published opinion. Senior Judge HAMILTON wrote the opinion. Judge WIDENER wrote a concurring opinion (specifying that he concurs in all parts of the court's opinion except Part IV.A, but concurs in the result that Part IV.A obtains). Judge KING wrote an opinion concurring in part and dissenting in part.

OPINION

HAMILTON, Senior Circuit Judge:

In March and April 1999, the Commonwealth of Virginia's...

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