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Blue Circle Cement, Inc. v. Board of County Comm'rs

ELR Citation: ELR 21089
Nos. 91-C-635-H, 917 F. Supp. 1514/41 ERC 1409/(N.D. Okla., 05/12/1995) on remand

The court holds that a municipal zoning ordinance that requires a cement kiln to obtain a conditional use permit to burn hazardous waste fuels (HWFs) is preempted by the Resource Conservation and Recovery Act (RCRA) and imposes an undue burden on interstate commerce in violation of the Commerce Clause of the U.S. Constitution....

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