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Rollins Envtl. Servs. of La. v. Iberville Parish Police Jury

ELR Citation: 9 ELR 20613
Nos. No. 63,502, 371 So. 2d 1127/13 ERC 1260/(La., 05/21/1979)

Affirming the lower court, the Louisiana Supreme Court holds that a local ordinance prohibiting the disposal of hazardous waste within the boundaries of Iberville Parish is preempted by federal and state law. Prompted by a death at an unlicensed waste disposal site, the Parish Police Jury amended its original waste collection and disposal ordinance to prohibit any disposal of hazardous waste. The court rejects the Police Jury's attempt to find authority to regulate hazardous waste in the specific statutory enumeration of powers of police juries. The court is also unpersuaded by the argument that the Police Jury has inherent power to regulate hazardous waste in order to protect the health and well-being of local citizens. Finally, the court recounts the extensive legislation at the state and federal levels dealing with hazardous waste regulation and concludes that the federal and state governments have preempted the field of hazardous waste regulation. The local ordinance is therefore inconsistent with both the state's general law and applicable federal law and is, as a consequence, unconstitutional.

Counsel for Appellant
Samuel Cashio, District Attorney
P.O. Box 368 Maringouin LA 70757
(504) 625-2326

Houston Gascon, Ass't District Attorney
415 Merion St., P.O. Box 787, Plaquemine LA 70764
(504) 687-9234

Counsel for Appellee
Patrick Pendley, Dana Larpenteur
P.O. Drawer 71, Plaquemine LA 70764
(504) 687-6396

Wallace A. Hunter, William N. Faller
Durrett, Hardin, Hunter, Dameron & Fritchie
614 Louisiana Nat'l Bank Bldg., Baton Rouge LA 70801
(504) 344-0501

Tate, J., concurs in separate opinion.