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GOLDFARB v. MAYOR AND CITY COUNCIL OF BALTIMORE

No. 14-1825.

791 F.3d 500 (2015)

Bruce GOLDFARB; Michael Gallagher, Plaintiffs-Appellants, and Ruth Sherrill; Elizabeth Arnold; Merab Rice; Sherry Moore-Edmonds; Tim Bull; Julia Dinkins, Plaintiffs, v. MAYOR AND CITY COUNCIL OF BALTIMORE; City of Baltimore Development Corporation; CBAC Gaming, LLC; CBAC Borrower, LLC; Maryland Chemical Company, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2015.

Attorney(s) appearing for the Case

ARGUED: Timothy Robert Henderson , Rich & Henderson, PC, Annapolis, Maryland, for Appellants. Mary Rosewin Sweeney , Venable LLP, Baltimore, Maryland; Matthew Wade Nayden , Baltimore City Solicitor's Office, Baltimore, Maryland; Donald James Walsh , Offit Kurman, PA, Owings Mills, Maryland, for Appellees. ON BRIEF: Thomas M. Lingan , Kenneth L. Thompson , Venable LLP, Baltimore, Maryland, for Appellees CBAC Borrower, LLC, and CBAC Gaming, LLC; Amy Beth Leasure , Elizabeth R. Martinez , Baltimore City Law Department, Baltimore, Maryland, for Appellees Mayor and City Council of Baltimore and City of Baltimore Development Corporation.

Vacated and remanded by published opinion. Judge AGEE wrote the opinion, in which Chief Judge TRAXLER and Judge KING joined.

The Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., "establishes a cradle-to-grave regulatory program for hazardous waste management." Envtl. Tech. Council v. Sierra Club, 98 F.3d 774, 779 (4th Cir.1996). Several Maryland residents brought statutory...

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