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Envirosafe Services of Idaho v. County of Owyhee

735 P.2d 998 (1987)

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Envirosafe Services of Idaho v. County of Owyhee

Idaho Supreme Court
735 P.2d 998 (1987)

DD

Facts

The Hazardous Waste Management Act (HWMA) was an Idaho state law that regulated the disposal of hazardous wastes, including polychlorinated biphenyls (PCBs). The HWMA imposed recording and reporting requirements on hazardous-waste facilities and required transporters of hazardous waste to obtain trip permits from the state. The county of Owyhee (the county) (defendant) enacted an ordinance (the ordinance) that regulated the disposal of hazardous wastes, including PCBs. Envirosafe Services of Idaho, Inc. (plaintiff) brought suit, contending that the HWMA preempted the ordinance. The trial court found that the HWMA preempted the ordinance. The county appealed.

Rule of Law

Issue

Holding and Reasoning (Huntley, J.)

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