(DOWNLOAD) "Commissioner of Transportation v. Rocky Mountain" by The Supreme Court of the State of Connecticut ~ eBook PDF Kindle ePub Free
eBook details
- Title: Commissioner of Transportation v. Rocky Mountain
- Author : The Supreme Court of the State of Connecticut
- Release Date : January 11, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 92 KB
Description
This is an appeal by the District of Columbia and several of its officials (collectively "the District") from three orders of the Superior Court preliminarily enjoining the District from discontinuing or suspending the curbside recycling collection program which, according to plaintiff Sierra Club, is mandated by the District of Columbia Recycling Law (DCRL), D.C. Code 6-3401 et seq. (1995) (as amended). The District contends that the DCRL does not create a private right of action or authorize the Sierra Clubs suit, and that the Mayors discretionary action in suspending the curbside collection program is not subject to judicial review. The District also argues that the 1995 amendments to the DCRL confer upon the Mayor the authority to determine whether funds are available to enable the District to continue curbside collection, and that the preliminary injunction was improvidently issued. We reject the Districts first contention but agree with the second. Accordingly, we vacate the preliminary injunction and remand the case for further proceedings consistent with this opinion.