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WASTE INDUSTRIES USA v. STATE

No. COA11-246.

725 S.E.2d 875 (2012)

WASTE INDUSTRIES USA, INC. and Black Bear Disposal, LLC, Plaintiffs, v. STATE of North Carolina and North Carolina Department of Environmental and Natural Resources, Defendants, and North Carolina State Conference of Branches of the NAACP, and Rogerseubanks Neighborhood Association, Defendant-Intervenors, and North Carolina Coastal Federation and The North Carolina Chapter of Sierra Club, Defendant-Intervenors.

Court of Appeals of North Carolina.

May 1, 2012.

Attorney(s) appearing for the Case

Wyrick Robbins Yates & Ponton LLP, Raleigh, by K. Edward Greene , Lee M. Whitman , Tobias S. Hampson , and Sarah M. Johnson , for plaintiffs-appellants.

Attorney General Roy Cooper , by Assistant Solicitor General John F. Maddrey , and Senior Deputy Attorney General James C. Gulick , for defendants-appellees.

Southern Coalition for Social Justice, by Allison J. Riggs and Anita S. Earls , for North Carolina State Conference of Branches of the NAACP and Rogers-Eubanks Neighborhood Association, defendant-intervenors-appellees.

Southern Environmental Law Center, by Chandra T. Taylor and Susannah Knox , for North Carolina Coastal Federation and The North Carolina Chapter of Sierra Club, defendant-intervenors-appellees.

GEER, Judge.

Plaintiffs Waste Industries USA, Inc. and Black Bear Disposal, LLC appeal the trial court's grant of summary judgment in favor of defendants and defendant-intervenors. Plaintiffs primarily argue that N.C. Gen.Stat. § 130A-295.6 (2011), which placed limitations on the size and location of solid waste landfills, violates the Commerce Clause by discriminating against out-of-state waste.

It is undisputed that the legislation does not facially...

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