ELR Citation: ELR 21089
No(s). 91-C-635-H (N.D. Okla. May 12, 1995)

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 Clau...