NEW YORK SUSQUEHANNA AND WESTERN RAILWAY CORPORATION, Plaintiff/Fourth Party Defendant
v.
Lisa P. JACKSON, in her official capacity as Commissioner of the New Jersey Department of Environmental Protection; New Jersey Meadowlands Commission; Robert R. Ceberio, in his official capacity as Executive Director of the New Jersey Meadowlands Commission; James Anzevino, in his official capacity as a Commissioner of the Meadowlands Commission; Michael J. Gonnelli, in his official capacity as a Commissioner of the New Jersey Meadowlands Commission; Leonard R. Kaiser, in his official capacity as a Commissioner of the New Jersey Meadowlands Commission; Mia M. Macri, in her capacity as a Commissioner of the New Jersey Meadowlands Commission; Eleanore Nissley, in her official capacity as a Commissioner of the New Jersey Meadowlands Commission; Charles A. Richman, in his official capacity as a Commissioner of the New Jersey Meadowlands Commission; Arlene Walther, in her official capacity as a Commissioner of the New Jersey Meadowlands Commission, Appellants Defendants/Counter-claimants/Third Party Plaintiffs
v.
Cardella Trucking Co., Inc.; Crossroads Recycling, Inc.; Hudson-National, LLC; MHF Logistical Solutions, Inc.; Millenium Resource Recovery, Ltd.; OnTrack Loading Company, Inc.; Precise Construction Contracting, Inc.; Rail-Tech, LLC.; Scott Excavating, LLC; Slane Rail Transport, LLC; Susquehanna Bulk Systems; X-Press Rail Transfer, LLC d/b/a 94th Street Rail Transfer, LLC, Third Party Defendants
v.
Slane Rail Transport, Inc., Fourth Party Plaintiff
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 10, 2007.
Opinion filed September 4, 2007.
Attorney(s) appearing for the Case
Stuart Rabner, Attorney General of New Jersey, Nancy Kaplen, Assistant Attorney General, Kevin P. Auerbacher, (Argued), Deputy Attorney General, Jung W. Kim, Deputy Attorney General, R.J. Hughes Justice Complex, Trenton, NJ, for Appellants.
G. Paul Moates, Esquire (Argued), Paul A. Hemmersbaugh, Esquire, Matthew J. Warren, Esquire, Sidley Austin LLP, Washington, DC, for Appellee, N.Y. Susquehanna and Western Railway Corp.
John M. Scagnelli, Esquire (Argued), Kathleen J. Devlin, Esquire, Scarinci & Hollenbeck, LLC, Lyndhurst, NJ, for Appellee Third-Party Defendant MHF Logistical Solutions, Inc.
Carter H. Strickland, Jr., Esquire (Argued), Rutgers Environmental Law Clinic, Newark, NJ, for Amicus Curiae Appellant Raritan Baykeeper, Inc., Hackensack Riverkeeper, Inc. and Pinelands Preservation Alliance.
Harold L. Segall, Esquire, Beveridge & Diamond, P.C., Washington, DC, Stephen M. Richmond, Esquire, Marc J. Goldstein, Esquire, Beveridge & Diamond, P.C., Wellesley, MA, for Amicus Curiae Appellant National Solid Wastes Management Association.
Susan Shinkman, Esquire, Richard P. Mather, Sr., Esquire, Susan M. Seighman, Esquire, Commonwealth of Pennsylvania, Department of Environmental Protection, Harrisburg, PA, for Amici Curiae Appellant Commonwealth of Pennsylvania, Commonwealth of Massachusetts, State of New York, State of Maine, and State of Colorado.
Christine D. Petruzzell, Esquire, Wilentz, Goldman & Spitzer, Woodbridge, NJ, for Appellees OnTrack Loading Co., Cardella Trucking Co.
Before: AMBRO and HARDIMAN, Circuit Judges, SHAPIRO, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
AMBRO, Circuit Judge.
Shipping solid waste to Midwestern landfills has become big business—particularly in places like New Jersey where capacity at in-state landfills is scarce. Railroads are prime beneficiaries of the increased demand for the means of shipping waste across the country. Many railroads accommodate this demand by building facilities within their rights-of-way for the storage...
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