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AES PUERTO RICO, L.P. v. TRUJILLO-PANISSE

No. 16-2052.

857 F.3d 101 (2017)

AES PUERTO RICO, L.P., Plaintiff, Appellant, v. Marcelo TRUJILLO-PANISSE, in his Official Capacity as Mayor of the Municipality of Humacao; Municipality of Humacao; Walter Torres-Maldonado, in his Official Capacity as Mayor of the Municipality of Peñuelas; Municipality of Peñuelas, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 16, 2017.

Attorney(s) appearing for the Case

Peter D. Keisler , Washington, DC, with whom Ricardo L. Ortiz-Colón , Fiddler González & Rodríguez, P.S.C., San Juan, PR, David T. Buente , Samuel B. Boxerman , Paul J. Zidlicky , Christopher A. Eiswerth , and Sidley Austin LLP, Washington, DC, were on brief, for appellant.

Francisco José Medina-Medina , with whom Pedro E. Ortiz-Álvarez, LLC, Ponce, PR, was on brief, for appellees.

John F. Cooney , Douglas H. Green , Margaret K. Fawal , and Venable LLP, Washington, DC, on brief for amici curiae the Utility Solid Waste Activities Group and the American Coal Ash Association.

Before Torruella, Lipez, and Barron, Circuit Judges.

This case requires us to decide whether two Puerto Rico municipalities may prohibit the beneficial use and disposal of coal ash at landfills within their borders even though a state agency has authorized such activities at those particular landfills. Appellant AES Puerto Rico, L.P. ("AESPR"), a coal-fired power plant owner...

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