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Browning-Ferris Indus. of Ala., Inc. v. Pegues

Citation: 19 ELR 21044
No. No. 85-H-228-N, 710 F. Supp. 313/30 ERC 1166/(M.D. Ala., 08/04/1987) On remand

The court holds that a provision of an Alabama law requiring legislative approval prior to the establishment of hazardous waste treatment and disposal facilities is unconstitutional. The provision provides no guidelines for approval of a facility and is impermissibly vague in violation of the Fourteenth Amendment's Due Process Clause....

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