ELR Citation: ELR 20428
No(s). 89-7310 (2d Cir. Jan 4, 1990)

The court holds that New York's law governing the expansion of commercial hazardous waste facilities does not violate the Equal Protection Clause of the United States Constitution. The law requires facilities to obtain siting board approval for expansion. After finding that the district court properly decided not to abstain from excercising jurisdiction, the court found that the state had a rational basis for requiring siting board certification for commercial, but not for noncommercial, facilities. Therefore, it found that the provision did not violate the Equal Protection Clause.

Counsel for Plaintiffs-Appellants
James B. Rather, Steven Brock
Rivkin, Radler, Dunne & Bayh
EAB Plaza, Uniondale NY 11556-0111
(516) 357-3000

Counsel for Defendants-Appellees
Stuart Miller, Ass't Attorney General
State of New York, Department of Law
Environmental Protection Division, 120 Broadway, Rm. 26-134, New York NY 10271
(212) 341-2478

Kaufman and Friedman,^* JJ.