| Court: | Court of Appeals, 4th Circuit |
| Facts: | W. Va. has statutes governing where solid waste dumps can be situated. One clause saus the Director of the DNR has the authority to deny a permit because it is "significantly adverse to public sentiment." A site was proposed, and it was denied. |
| Posture: | Appeal from summary judgment saying that the clause is unconstitutional. |
| Issue: | Is that clause unconstitutional? |
| Holding: | Yes. Affirmed. |
| Rule: | There's no rational basis for this. |
| Reasoning: | This produces results at the whim of self interest, arbitrary local tastes, etc. |
| Dicta: | |