Full opinion text
MEMORANDUM OPINION McLAUGHLIN, District Judge. Plaintiff Khodara Environmental, Inc., general partner acting on behalf of Eagle Environmental, L.P. (collectively referred to as “Eagle” or “Plaintiff’) commenced the instant action on April 25, 1997 seeking, primarily, a declaration that Section 1220 of the Federal Aviation Reauthorization Act of 1996, as amended, 49 U.S.C.’ § 44718(d) (hereinafter, the “FAA Amendment”) is unconstitutional. Plaintiff has named various local, state and federal entities and/or officials as Defendants. The dispute arises out of Eagle’s as yet unsuccessful efforts to construct and operate a landfill on property located in Jefferson County, Pennsylvania near the Dubois-Jefferson County Airport. Presently pending before the Court are multiple motions and cross-motions for summary judgment filed by the parties and a motion to dismiss filed by Interve-nors Jefferson County and Pine Creek Township. This Court has jurisdiction under 28 U.S.C. §§ 1331 and 1343. As explained in more detail below, we conclude that the FAA Amendment violates principles of equal protection and that Plaintiff is therefore entitled to partial summary judgment. I. BACKGROUND A. The Parties Plaintiff Khodara Environmental, Inc. is a corporation organized under the laws of Delaware. It is the general partner of Eagle Environmental, L.P., a limited partnership operating out of Englewood Cliffs, New Jersey. Defendant Steven Beckman is the Regional Director of the Northwest Regional Office of the Commonwealth of Pennsylvania, Department of Environmental Protection (“DEP”). Defendant Jane F. Garvey is the Administrator of the Federal Aviation Administration (“FAA”). Defendant FAA is the agency of the federal executive branch that is charged with, among other things, promoting the safety of air transportation and airport operations. (We refer to these Defendants collectively as the “FAA.”) Defendant Clearfield-Jefferson Counties Regional Airport Authority (the “Authority”) is a municipal authority formed under the laws of the Commonwealth of Pennsylvania. It is the entity responsible for operation of the Dubois-Jefferson County Airport (hereinafter, the “Airport”). The Airport is located in Jefferson County, near Dubois, Pennsylvania and is jointly owned by Jefferson and Clearfield Counties. The Authority, acting through its Board of Directors, is generally responsible for making decisions concerning the administration of the Airport, including operations, airport safety, and capital improvements. Defendants Donald R. Johnson, Paul Sekula, William Miksich, Mark McKinley, Frederick G. Murray, Tim Morgan, Robert E. Reitz, Henry Deible, and Paul McMillen are individuals who, at all times relevant to this action, served as members of the Authority’s Board of Directors. In addition to the foregoing parties, both Jefferson County and Pine Creek Township have been granted permission to participate as Intervenors in this case. (They are referred to collectively hereafter as the “Intervenors.”) B. The Happy Landing Landfill Eagle owns, or otherwise has an interest in, approximately 680 acres of land in Washington Township, Jefferson County, Pennsylvania (hereinafter, the “Property”). Eagle’s intention was to develop a solid waste disposal facility on the Property which would be known as the “Happy Landing Landfill” (the “Landfill”), and which would serve as a depository for municipal waste generated in regions with a scarcity of available landfill space. These regions are generally outside Pennsylvania and include the New York City metropolitan area. The Landfill site is located approximately 5.25 miles from the Airport. In November 1990, Eagle began to apply for a series of permits from the DEP consistent with its plan to develop the Landfill. The DEP initially issued all of the permits necessary for construction and operation of the Landfill in 1996. On February 9, 1996, the DEP issued four permits to Eagle, namely: (i) a Water Obstruction and Encroachment Permit which permitted, inter alia, the filling of certain wetlands; (ii) a National Pollutant Discharge Elimination System (“NPDES”) Permit, which authorized the discharge of treated industrial wastewater (primarily from landfill leachate) into waters of the Commonwealth; (iii) a Solid Waste Permit, which authorized the construction and operation of the Landfill; and (iv) an Air Quality Permit, which authorized certain air emissions related to operation of the Landfill. The DEP’s issuance of the Solid Waste Permit was subsequently appealed to the Pennsylvania Environmental Hearing Board (the “EHB”) by the Jefferson County Commissioners, the County Solid Waste Authority, Washington Township, and about 200 individuals and organizations. These appeals were consolidated at EHB No. 96-061-MG and have not yet been resolved. On August 15, 1996, the DEP issued to Eagle another permit known as a Water Quality Management Permit. This permit, which was issued under the Pennsylvania Clean Streams Law, authorized Eagle to construct landfill leachate treatment facilities. Upon being initially permitted, Eagle undertook some measures to develop the Landfill. While the parties disagree on the extent to which Eagle actually commenced “construction” of the Landfill, this disagreement is for the most part a dispute more of semantics than of facts. For example, it appears to be undisputed that Eagle obtained engineering studies and undertook steps to install eleven monitoring wells. However, Eagle apparently has not yet installed primary or secondary liners for the Landfill, has not installed leach-ate collection or management systems, and has not constructed and/or installed permanent access roads, borrow pits, sedimentation ponds, or scales for the Landfill. Eagle also has not submitted to the DEP a certification by a registered professional engineer for any major construction at the Landfill site. Needless to say, the Landfill has not yet become operational in terms of actually accepting waste for disposal at the site. In September 1996, the Pennsylvania Fish and Boat Commission designated three tributaries near the Landfill site as wild trout streams. On the basis of this designation, the DEP determined that certain wetlands were of “exceptional value” due to the relationship between these wetlands and the trout streams. This in turn led the DEP to conclude that Eagle’s plan to construct and operate the Landfill should not have been permitted as proposed. Accordingly, on September 25, 1996 Defendant Beckman, on behalf of the DEP, issued an administrative order modifying the Water Obstruction and Encroachment Permit by revoking the authorization to fill in any wetlands. The order also suspended the Solid Waste Permit, the Air Quality Permit, the NPDES Permit and the portion of the Encroachment Permit that had not been modified. This suspension order became the subject of an appeal before the Environmental Hearing Board styled Eagle Environmental L.P. v. Commonwealth of Pennsylvania Department of Environmental Protection, EHB Docket No. 96-215-MG. On November 18, 1996, the EHB stayed consideration of most of the issues involved in the appeals docketed at No. 96-061-MG pending resolution of Eagle’s suspension. appeal at EHB No. 96-215-MG; thus most of the issues involved in the former appeals matter will be heard and considered after the appeal at EHB No. 96-215-MG is resolved. As of June 1997, Plaintiff estimated that the cost of pursuing these appeals would likely exceed $150,000. (See Affid. of Jacques Khodara dated 6/5/97, Pl.’s Resp. to Def. Beckman’s Mot. to Dismiss [Doc. No. 39], Ex. A at Par. 19.) On February 7, 1997 Eagle entered into a Consent Order and Agreement (“CO & A”) with the DEP which allowed for the release of bonds that Eagle had submitted in connection with its Solid Waste Permit. Under the CO & A, Eagle agreed that it “shall not construct or operate the Happy Landing Landfill until and unless the [Solid Waste] Permit is reinstated and the bonding requirements of the [Solid Waste Management Act] are met.” (Def. Beckman’s Cross-Mot. for Summ. Judg. [Doc. No. 74] at Ex. A, Attachment 3.) All of Eagle’s DEP-issued permits relative to the Happy Landing Landfill remain suspended by virtue of the DEP’s September 25, 1996 administrative order, which was affirmed by the EHB in a ruling dated September 3,1998. C. FAA Order 5200.5A and the “Leather-wood Landfill” As part of its mission to promote safety in air traffic and airport operations, the FAA has determined that municipal solid waste landfills attract birds, and that municipal solid waste landfills located in the vicinity of airports increase the potential for bird strikes. Accordingly, Order 5200.5A was promulgated by the FAA to provide guidance regarding the potential safety concerns of landfills located in the vicinity of airports. Specifically, FAA Order 5200.5A states that landfills are not compatible to the safety of an airport when: a. waste disposal sites are located within 10,000 feet of any runway end used or planned to be used by turbine powered aircraft. b. waste disposal sites are located within 5,000 feet of any runway end used only by piston powered aircraft. c.any waste disposal site located within a five mile radius of a runway end that attracts or sustains hazardous bird movements from feeding, water or roosting areas into, or across the runways and/or approach and departure patterns of aircraft. (See Ex.s in Supp. of PL’s Mot. for Summ. Judg. [Doc. No. 60] at Ex. 1-C.) The criteria set forth in Order 5200.5A comport with the FAA’s administrative regulations. See 14 C.F.R. Pt. 77. They have also been incorporated into the U.S. Environmental Protection Agency’s regulations concerning landfills. See 40 C.F.R. § 258.10. In May 1997 the FAA issued an Advisory Circular regarding the hazardous wildlife attractants on or near airports. See 60 Fed.Reg. 270805 (May 25, 1995). The Advisory Circular supersedes Order 5200.5A, but incorporates criteria identical to those set forth in Order 5200.5A for the location of landfills near airports. The Circular also sets forth procedures that the FAA will follow when notified that a landfill is proposed to be situated within the relevant distance parameters from an airport. The procedures set forth in the Circular essentially are a memorialization of the procedures that the FAA followed pursuant to Order 5200.5A. They provide that, when a landfill is proposed near the location of an airport, the FAA determines whether the use is compatible with the safety of the airport by evaluating, inter alia, the distance that the proposed landfill site is from the airport. If an expansion of the airport runways is contemplated, the FAA includes that increased area in its calculation. When the proposed site falls within siting criterion 7(c), as part of a compatibility determination the FAA also evaluates whether the geographical location of the landfill is such that it falls within the traffic patterns for the type or the category of aircraft that the airport serves. As paid of its compatibility determination, the FAA may examine bird migration patterns within that area and the geographic location of the airport (for example, distance to a water body). When the FAA determines that a municipal solid waste landfill location falls within siting criteria 7(a) or 7(b) set forth in Order 5200.5A, it regularly objects to the landfill location as incompatible with the safety of the airport. In or around January 1991 the FAA received information that an entity known as Leatherwood, Inc. had submitted a request to the DEP for a permit to operate a landfill (the “Leatherwood Landfill”) in Pi-necreek Township, Jefferson County, Pennsylvania, near the Dubois-Jefferson County Airport. The FAA determined that the proposed location was within five miles of the Airport and was beneath the centerline extended from one of the Airport’s runways, so that aircraft approaching to land on that runway could be expected to pass over the Leatherwood Landfill location at altitudes that would result in an increased potential for bird strikes. The FAA concluded that, because the proposed location was beneath the approach course (centerline extended) to a runway, the development of the Leather-wood Landfill would significantly increase the risk of an aircraft bird strike. Accordingly, it submitted comments to the DEP expressing these concerns and recommending that the DEP deny the permit application for the Leatherwood Landfill because it was within the distance restrictions of Order 5200.5A. The Happy Landing Landfill, in contrast to the Leatherwood Landfill, is approximately 5.25 miles from the Airport and is not situated beneath the approach course to any of the Airport’s runways. Consequently, aircraft on final approach to the Airport would not be expected to pass over the Happy Landing Landfill site, whether operating under visual flight rules or instrument flight rules. The FAA admits that, because the Happy Landing Landfill site is located outside of the restrictive criteria set forth in FAA Order 5200.5A, it would not have been the subject of an FAA compatibility study. D. Section 1220 of the Federal Aviation Reauthorization Act of 1996 On October 9,1996, the Federal Aviation Reauthorization Act of 1996 was enacted into law. Pub.L. No. 104-264. Section 1220 of the Act, which is the focus of this lawsuit, states as follows: (a) Landfills: [49 U.S.C.] Section 44718 is amended by adding at the end the following: (d) Landfills: For the purpose of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of enactment of this subsection that 1 of the landfills would be incompatible with aircraft operations at the airport, unless the landfill is already active on such date of enactment or the airport operator agrees to the construction or establishment of the landfill. (b) Civil Penalties: [49 U.S.C.] Section 46301 is amended by inserting 44718(d) after 44716, in each of subsections (a)(1)(A), (d)(2), and (f)(l)(A)(i). As is evident from its language, Section 1220 (hereinafter, the “FAA Amendment”) purports to grant the airport operator the power to circumvent the restrictions set forth in the Amendment by agreeing to allow construction or establishment of the otherwise prohibited landfill. The FAA does not interpret the Amendment as conferring upon it any authority to conduct a compatibility determination as to any airport that falls within the purview of the FAA Amendment. On October 21, 1996, Defendant Beck-man sent a letter to Jacques Khodara, president of Khodara Environmental, Inc., informing him of the FAA Amendment and the fact that permits previously issued for the Leatherwood Landfill had been suspended on the basis of the statute. Beckman’s letter further advised that: [t]he Department’s future action regarding reinstatement and/or modification of Eagle Environmental’s currently suspended permits will be governed by the same criteria applicable to Leatherwood, Inc. Thus, if Eagle seeks reinstatement or modification pursuant to the Department’s September 25th Order, Eagle Environmental should also indicate to the Department how it intends to comply with Section 1220(a) of the Federal Aviation Reauthorization Act of 1996 [49 U.S.C. § 44718(d) ]. (Def. Beckman’s Cross Mot. for Summ. Judg. [Doc. No. 74] at Ex. A, Attachment 2.) Thereafter, Eagle sought permission from the Authority to construct and operate the Landfill. By letter dated November 20, 1996, Eagle formally requested that the Authority agree to the construction and operation of Happy Landing Landfill. On November 22, 1996 the Authority responded with a letter notifying Eagle that it would accept written documentation relative to Eagle’s request for a period of 30 days. Eagle was further notified that written documentation would be accepted during that same time period from other interested parties as well and that all of the documentation would be made public. Eagle provided documentation to the Authority in support of its request on or about December 23, 1996. The documentation consisted of fourteen exhibits and exceeded 125 pages. At a public meeting held on January 24, 1997 the Authority unanimously decided to deny Eagle’s request. In its resolution denying the request, the Authority justified its decision by adopting and incorporating the substantive portions of an attached letter from the Authority’s legal counsel. The letter, as incorporated into the resolution, stated in relevant part that: “[t]he absence of specific criteria in the applicable federal legislation for determining the grant or denial of consent by the Authority suggests a broad range of discretion in the Authority to make such a determination.” (Pl.’s Ex. 19.) E. The Litigation Plaintiff commenced the instant action on April 25, 1997 by filing a five-count complaint. Count I alleges that the FAA Amendment is facially invalid because it amounts to an unconstitutional delegation of legislative authority. Count II asserts a challenge to the Amendment on the ground that it is an unconstitutional Bill of Attainder. Count III challenges the statute on the ground that it violates Plaintiffs rights under the Fifth and Fourteenth Amendments to the United States Constitution. Plaintiffs first three claims, which involve purely facial challenges to the FAA Amendment, are asserted only against Defendants Beckman, the FAA and Garvey. Count IV of the Complaint is directed against the Airport Authority and its board members in their individual and official capacities. This cause of action asserts that the Defendants’ application of the statute violated Eagle’s constitutional rights to substantive and procedural due process, equal protection of the laws, and freedom from the taking of its property without just compensation. Plaintiffs fifth claim asserts that the FAA Amendment is inapplicable to the Happy Landing Landfill as a matter of statutory construction. Under this count, which is asserted against all Defendants, Plaintiff contends that the statute by its terms is inapplicable to Happy Landing Landfill because the Landfill was not “proposed to be constructed or established,” but rather, was “already active,” on the date of the enactment of the FAA Amendment. Plaintiff has sought various forms of relief including, inter alia, declaratory judgment on all counts, injunc-tive relief, and compensatory and punitive damages. On May 16, 1997 Defendant Beckman filed a motion to dismiss the case, asserting that this Court lacks Article III jurisdiction over the instant matter and further arguing that Plaintiff could not demonstrate that the claims directed against him were properly raised before this Court. Arguments on Beckman’s motion were entertained during a telephonic conference held on September 23, 1997. At the conclusion of the conference, the Court rendered a ruling denying Beckman’s motion. Plaintiff subsequently filed a motion for partial summary judgment as to Counts I, II and III of its Complaint. The FAA and Intervenors have filed cross-motions for summary judgment on these same counts, seeking a ruling by this Court that the FAA Amendment is constitutional. Inter-venors have also filed a separate motion to dismiss this case on the grounds of mootness and/or lack of ripeness. Defendant Beckman has filed a motion for summary judgment in which he renews the arguments set forth in his previous motion to dismiss and further argues in favor of summary judgment on the basis of Eleventh Amendment Immunity and/or abstention. Finally, the Airport Authority and its Board Members have moved for summary judgment as to Counts IV and V. These motions have been fully briefed and argued and are now ripe for disposition. II. STANDARD OF REVIEW Because the instant motions raise challenges both to this Court’s subject matter jurisdiction and to the sufficiency of the evidence, we set forth the applicable standards of review under both Rules 12(b)(1) and 56 of the Federal Rules of Civil Procedure. Under Fed.R.Civ.P. 56, summary judgment may be granted only if we conclude that the pleadings, depositions, answer to interrogatories and admissions on file, together with the affidavits, show that the party moving for summary judgment is entitled to judgment as a matter of law and that there are no genuine disputes of material fact precluding entry of judgment. Fed.R.Civ.P. 56(c). In entertaining a motion for summary judgment, we must construe the facts and the reasonable inferences arising therefrom in the light most favorable to the non-moving party. Seitzinger v. Reading Hosp. and Medical Center, 165 F.3d 236, 238 (3d Cir.1999); Gallo v. City of Philadelphia, 161 F.3d 217, 219 (3d Cir.1998). Dismissal for lack of subject matter jurisdiction is appropriate only if the right claimed is “so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.” Growth Horizons, Inc. v. Delaware County, Pa., 983 F.2d 1277, 1280-81 (3d Cir.1993) (quoting Kulick v. Pocono Downs Racing Ass’n, 816 F.2d 895, 899 (3d Cir.1987)). The plaintiff bears the burden of persuasion on a motion under Rule 12(b)(1). Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1409 (3d Cir.), cert. denied, 501 U.S. 1222, 111 S.Ct. 2839, 115 L.Ed.2d 1007 (1991). When there is a factual question about whether a court has jurisdiction, the trial court may examine facts outside the pleadings and thus “proceed as it never could under [Fed.R.Civ.P.] 12(b)(6) or Fed.R.Civ.P. 56. Because at issue in a factual 12(b)(1) motion is the trial court’s jurisdiction — its very power to hear the case.” Robinson v. Dalton, 107 F.3d 1018, 1021 (3d Cir.1997) (quoting Mortensen v. First Federal Sav. and Loan Ass’n, 549 F.2d 884, 891 (3d Cir.1977)). In such circumstances, a trial court “is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case.” Id. (quoting Intern. Ass’n of Machinists & Aerospace Workers v. Northwest Airlines, Inc., 673 F.2d 700, 711 (3d Cir.1982)). Unlike the procedure governing summary judgment, under a Rule 12(b)(1) motion to dismiss “no presumptive truthfulness attaches to plaintiffs allegations, and the existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims.” Id. (quoting Mortensen, 549 F.2d at 891). III. DISCUSSION A. Jurisdictional Challenges: Standing, Ripeness and Mootness Initially, we must address certain jurisdictional challenges to Plaintiffs claims. For proper context, we review some basic Article III jurisprudential principles and set forth the relevant procedural history. Article III of the United States Constitution gives federal courts jurisdiction over various types of “cases” and “controversies,” including those that arise under the Constitution. U.S. Const., art. Ill, § 2. This “cases and controversies” requirement was intended to ensure that federal courts decide only those disputes that are “properly resolved through the judicial process,” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992) (citation omitted), and refrain from issuing opinions which are merely advisory in nature. Armstrong World Indus., Inc. v. Adams, 961 F.2d 405, 410 (3d Cir.1992) (citations omitted). The requirement has engendered “numerous justiciability doctrines that further define the limits of federal jurisdiction,” two of which are “standing” and “ripeness.” Id. at 411. Although these concepts are sometimes confused, “standing” is concerned with who may bring an action, while “ripeness” addresses the timing of an action, i.e., when the action may be brought. Id. at 411 n. 13. In order to establish proper standing, a plaintiff must demonstrate (i) an “injury in fact,” (ii) a causal connection between the injury and the conduct complained of, and (iii) a “likelihood,” as opposed to mere “speculation,” that the injury will be “redressed by a favorable decision.” Defenders of Wildlife, 504 U.S. at 560-61, 112 S.Ct. 2130; Artway v. Attorney General of State of New Jersey, 81 F.3d 1235, 1246 (3d Cir.1996). The requirement of “injury in fact” has been defined as “an invasion of a legally protected interest which is (a) concrete and particularized ... and (b) ‘actual or imminent, not conjectural or hypothetical.’ ” Defenders of Wildlife, 504 U.S. at 560, 112 S.Ct. 2130 (citations omitted). The basic rationale of ripeness is to “prevent the courts, through premature adjudication, from entangling themselves in abstract disagreements.” Thomas v. Union Carbide Agricultural Prod. Co., 473 U.S. 568, 580, 105 S.Ct. 3325, 87 L.Ed.2d 409 (1985) (citation omitted). Courts have established a two-part test for determining ripeness; first, they consider whether the issues are fit for judicial resolution, and secondly, they examine whether withholding judicial resolution will result in hardship to the parties. Abbott Laboratories v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967); New Hanover Twp. v. United States Army Corps of Engineers, 992 F.2d 470, 472 (3d Cir.1993). (1) Defendant Beckman’s Motion to Dismiss In May 1997 Defendant Beckman filed a motion to dismiss this case under Fed. R.Civ.P. 12(b)(1) contending that this Court lacks jurisdiction over the instant matter because there is no “case or controversy.” Beckman argued both that Eagle lacked standing to bring the instant action and that its claims were not yet ripe because the FAA Amendment had not been formally enforced as to Eagle. With respect to the first point, Beckman claimed that Plaintiff could not demonstrate an “injury in fact” because the DEP had not taken any formal action toward applying the FAA Amendment to the Happy Landing Landfill. The letter of October 21, 1996, it was argued, did not represent any formal action or adjudication by the Department, although it apprised Eagle of the potential need in the future to demonstrate compliance with the Act. Aside from the lack of any formal DEP enforcement action, Beckman pointed out that the Landfill’s completion and operation had been forestalled, even prior to enactment of the FAA Amendment, on the basis of unrelated state permit disputes. Further, by virtue of the February 7, 1997 CO & A, Eagle has agreed that it cannot not construct or operate the Landfill until and unless its Solid Waste Permit is reinstated and it has satisfied the bonding requirements under the Pennsylvania Solid Waste Management Act, as amended, 35 P.S. 6018.101 et seq. Based on all of these factors, Beckman argued that Eagle cannot demonstrate any injury, as a result of the FAA Amendment, that is “actual or imminent.” Beckman also challenged the ripeness of Eagle’s lawsuit for similar reasons. He asserted that the matter was not fit for judicial resolution because a ruling on the FAA Amendment’s constitutionality would not change the fact that Eagle’s state permits are currently suspended. He urged that the hardship factor also was not satisfied because, without the necessary permits to operate the Happy Landing Landfill, Eagle could not assert that a hardship is certain and impending. In support of his motion to dismiss, Beckman relied principally on New Hanover Twp. v. United States Army Corps of Engineers, 992 F.2d 470 (3d Cir.1993), arguing that New Hanover controls the outcome of this action. In New Hanover, a corporate entity, New Hanover Corporation (“NHC”), sought to use land to develop a municipal landfill. It applied for and received a general nationwide permit from the Army Corps of Engineers (“COE”), which allowed NHC to discharge dredged or fill materials into certain waters and wetlands. The COE issued the permit pursuant to its authority under the Federal Water Pollution Control Act (or “Clean Water Act”), 33 U.S.C. §§ 1251 et seq. In order to construct and operate the landfill, however, NHC still needed to obtain a water quality certificate from the state Department of Environmental Resources. Despite this contingency, the Township of New Hanover and various other interested parties filed an action challenging the COE’s decision to issue a general nationwide, rather than an individual, permit. The district court entered judgment for the COE but, on appeal, the Third Circuit dismissed the case for lack of ripeness. Taking a “pragmatic view,” the court found that the case was not fit for judicial resolution. It observed that the COE’s decision had no immediate impact on the plaintiffs because, in any event, NHC could not proceed with its landfill unless and until it obtained a water quality certificate from the state agency. The court was also concerned that, if it were to find in favor of the plaintiffs on appeal and thus order NHC to begin the individual permitting process, and if the state agency were to subsequently deny NHC a water quality permit, then the court would have “needlessly interposed an extra layer of administrative proceedings in th[e] matter.” 992 F.2d at 473. As to the second prong— hardship to the parties' — the court reasoned that no hardship would result if it refused to hear the case. Because NHC could not begin construction without the state water quality certificate, and as the possibility remained that the certificate might not be granted, the court found that there was no “certain and impending” hardship to the plaintiffs by refusing to review the challenge to the COE’s permit grant. Id. Instead, the court opined that the plaintiffs “should wait until Pennsylvania makes its decision and then, assuming that injury is impending, file suit.” Id. Beckman argued that this action is similarly unripe because the effect of the FAA Amendment on Eagle’s landfill would not be known unless and until the EHB reinstates Eagle’s permits. Eagle, of course, opposed Beckman’s motion to dismiss. In support of its argument that Article III jurisdiction exists, Eagle submitted an affidavit from Jacques Khodara, President of Khodara Environmental, Inc. Khodara’s June 5, 1997 affidavit attests that, as of that date, Eagle had spent approximately $2.9 million to develop the Happy Landing Landfill. (See Pl.’s Resp. to Def. Steven Beckman’s Mot. to Dismiss [Doc. No. 39], Ex. A at ¶ 10.) Noting that Eagle had been in litigation concerning the administrative appeals before the EHB at Docket Nos. 96-215-MG and 96-061-MG (see id. at ¶¶ 13-18), Kho-dara estimated that the cost of pursuing these appeals would likely exceed $150,-000. {Id. at ¶ 19.) He also stated that Eagle had commenced litigation challenging the Pennsylvania Fish & Boat Commission’s study relating to wild trout streams near the Landfill site. {Id. at ¶ 20.) Although the case had initially been dismissed, Eagle had appealed the dismissal and the case was then currently before the Pennsylvania Supreme Court on appeal. {Id. at ¶ 21.) Khodara estimated that the cost of pursuing this litigation would likely exceed $40,000. (Id. at ¶ 22.) Perhaps most significantly, Kho-dara asserted that, regardless of the outcome of these legal proceedings, Eagle intended to complete the Happy Landing Landfill- — -if necessary, by modifying its permit application and redesigning the Landfill so as to comply with the DEP’s September 25, 1996 suspension order. (Id. at ¶¶ 23-24.) Khodara estimated that such an undertaking would take between nine and twelve months and would cost between $250,000 and $300,000. (Id. at ¶¶ 24-25.) In arguing that the case was ripe for consideration, Plaintiff primarily relied on two cases, Triple G Landfills, Inc. v. Board of Commissioners of Fountain Cty., Indiana, 977 F.2d 287 (7th Cir.1992) and Gary D. Peake Excavating Inc. v. Town Bd. of the Town of Hancock, 93 F.3d 68 (2d Cir.1996). In Tñple G, the plaintiff was a prospective landfill operator who brought suit to challenge the validity of a local ordinance which had been passed by the county board of commissioners. The ordinance essentially provided that, after a prospective landfill operator had obtained the required permit from the state environmental agency, the operator would then need to obtain an additional county permit in order to construct and operate a landfill within the county. The ordinance created permitting restrictions that were far more stringent that those imposed by the state and, as applied to the plaintiff, it effectively precluded the plaintiff from being able to build or operate a landfill anywhere in the county. In affirming the district court’s entry of summary judgment in favor of the plaintiff, the Seventh Circuit Court of Appeals rejected the defendants’ challenge on ripeness grounds. The court found that the issues were fit for judicial resolution because the plaintiffs claims mounted a purely facial attack to the ordinance and the issues posed were therefore purely legal. 977 F.2d at 289. The court also found that the hardship to the plaintiff of delaying review weighed in favor of a finding of ripeness: Reviewing the ordinance at this time would permit Triple G to make an informed decision regarding the future of the Fountain County tract. If we uphold the ordinance, Triple G will know that it should proceed no further and cut its losses; if we invalidate the ordinance, Triple G could initiate the [state] permitting process with the confidence that obtaining a state permit would not be in vain. Postponing judicial action, in contrast, would force an unwarranted dilemma upon Triple G: either scuttle its development plans altogether in deference to a potentially invalid county regulation, or complete the expensive and time-consuming state permit process, submit a permit application that Fountain County is certain to reject, and then, after incurring substantial sunk costs, bring a facial challenge to the ordinance.... We call the dilemma unwarranted because there is no countervailing benefit — either to the judicial process or the public interest — that would attend such a postponement.... These consideration suggest that this dispute is ripe for judicial action. 977 F.2d at 290 (internal citations omitted). In Gary D. Peake, the plaintiffs were a commercial demolition and excavation business and its principal (“Peake”), who sought to construct and operate a landfill for construction and demolition (“C & D”) debris. The plaintiffs applied for a state permit to construct the landfill on Peake’s property located in the Town of Hancock, New York. The following month, the Town Board enacted a law that essentially precluded the plaintiffs from operating the prospective landfill on Peake’s property and substantially limited the amount of C & D debris that the plaintiffs could dispose of within the town limits. The plaintiffs filed suit challenging the ordinance on constitutional grounds. On appeal following a partial grant of summary judgment in favor of the plaintiffs, the defendants argued that the claims were not ripe for judicial review because Peake had not yet obtained the necessary state permit and, thus, the ordinance had not actually prevented him from disposing of C & D debris on his property. The Second Circuit Court of Appeals rejected this challenge and found the case ripe for review. The court considered the issues fit for judicial review because they were “purely legal and may be decided without further factual development.” 93 F.Sd at 72. In addition, the court found that the plaintiffs would suffer substantial hardship if judicial review were withheld. It noted that Peake had already spent “considerable sums” of money in an effort to obtain the state permit and was “reluctant to spend more money” in pursuit of the state permit, since the local law would still prevent operation of his facility. Id. “Reviewing the ordinance at this time,” the court noted, “will allow Peake to make an informed decision as to whether he should expend additional money to obtain a [state] permit to operate a C & D landfill.” Id. The court reasoned that, if it upheld the ordinance, Peake would be able to cut his losses by halting his efforts to obtain a state permit; if it invalidated the ordinance, Peake could continue with the state permitting process, “knowing that obtaining the [state] permit would not be in vain.” Id. In contrast, if judicial review were withheld until Peake obtained a [state] permit, Peake would have to choose between (1) abandoning his plans to construct the C & D landfill in deference to a potentially unconstitutional ordinance and (2) expending “considerable sums” of money to obtain a [state] permit and thereafter commencing an action challenging the ordinance. We see no reason why Peake should have to expend substantial sums of money before challenging the constitutionality of the ordinance. Nor should Peake be required to subject himself to the threat of the criminal penalties imposed by Law No. 1 in order to challenge the ordinance. 93 F.2d at 72. Citing Triple G, the court concluded that the claims were ripe for review. Id. On September 23, 1997, this Court entertained argument on Beckman’s motion to dismiss. Based on the circumstances of this case, the Court found the decision in Triple G to be persuasive authority and ruled that the Plaintiffs claims were ripe. Nevertheless, in his motion for summary judgment, Beckman renews his challenge to this Court’s Article III jurisdiction over the instant matter. In essence, Beckman asks this Court to reconsider its ruling of September 23, 1997. In addition, Interve-nors have recently filed a motion to dismiss, asserting that the instant controversy has become moot by virtue of a recent ruling from the Environmental Hearing Board relative to the DEP’s September 25, 1996 suspension order. Because a federal district court is one of limited jurisdiction — and thus has an independent responsibility at all times to satisfy itself of its subject matter jurisdiction — it is appropriate to revisit these jurisdictional challenges. See Sedivy v. Richardson, 485 F.2d 1115, 1123 (3d Cir.1973) (Adams, C.J., concurring), cert. denied sub nom. Sedivy v. Schlesinger, 421 U.S. 910, 95 S.Ct. 1559, 43 L.Ed.2d 774 (1975). In so doing, we must re-examine the exact nature of the claims being asserted. (2) Reconsideration of Jurisdictional Challenges Plaintiffs first three causes of action assert purely facial challenges to the FAA Amendment on various constitutional grounds, namely, that the Amendment: creates an unconstitutional delegation of legislative and/or federal executive power to the Authority (Count I), violates the prohibition against Bills of Attainder (Count II), and violates Eagle’s rights to equal protection of the laws and substantive (as opposed to procedural) due process under the Fifth and Fourteenth Amendments to the U.S. Constitution (Count III). As to these claims, the Court remains convinced that they are ripe for disposition, based on the persuasive authority of Triple G and Gary D. Peake Excavating, discussed supra. In order to successfully raise a facial challenge in a non-First Amendment context, a plaintiff must demonstrate that the statute would be invalid in all of its potential applications. See Artway, 81 F.3d at 1252 n. 13 (3d Cir.1996) (“litigant ‘must establish that no set of circumstances exists under which the Act would be valid.’ ”) (citation omitted). Such an inquiry involves purely legal issues that are fit for judicial resolution. Further, the potential prejudice that Eagle, like the plaintiffs in Triple G and Gary D. Peake, will suffer in the absence of an adjudication also weighs in favor of a finding of ripeness. Defendant Beckman asks this Court to reconsider its previous ruling and grant summary judgment in light of his “Counter-Statement of the Case,” as set forth in his supporting memorandum. (See Mem. of Law in Supp. of Def. Beckman’s Cross-Mot. for Summ. Judg. [Doc. No. 75] at 11 n. 16.) However, our review of Beckman’s Counter-Statement shows that no new factual information has been set forth that would provide a basis for reconsideration of this Court’s prior ruling. Essentially all of the material facts set forth in support of the instant motion were made known to the Court at the time of its September 23, 1997 ruling. In renewing his jurisdictional argument, Beckman does not set forth any new points of law but, rather, simply incorporates his previous motion to dismiss. Moreover, on further consideration as to Count I through III, the Court remains convinced that New Hanover is distinguishable in material respects that make it inapplicable to the instant case. The ripeness of a claim must be determined by examining the posture of the plaintiff and the nature of the plaintiffs claims. In New Hanover, the plaintiffs were a township and other entities opposed to a prospective landfill. The harm which was being considered, therefore, was the harm that the construction and operation of the landfill posed to those opponents of the landfill. The court in New Hanover found that there was no immediate urgency in adjudicating the plaintiffs’ challenge to the Army Corps of Engineers’ permit issuance because unless and until the prospective landfill operator was able to obtain the required state permits, the landfill would never come into existence and the concerns of the plaintiffs would never come to pass. By contrast, in Triple G and Gary D. Peake, the respective plaintiffs were prospective landfill owners/operators who were challenging government regulations that prohibited or significantly restricted their intended business activities. Unlike the plaintiffs in New Hanover, the plaintiffs in Triple G and Gary D. Peake were faced with a Hobson’s choice of either (a) foregoing their past investment and prospective efforts to develop the prospective landfills in deference to a potentially unlawful ordinance; or (b) investing significant time and money toward the permitting process in the face of an adverse regulation and uncertainty as to whether the regulation could ultimately be successfully challenged. It was the tension inherent in this dilemma that led the courts in Triple G and Gary D. Peake to conclude that there was a sufficiently “live” controversy for Article III purposes. In this case, Eagle faces a similarly difficult dilemma. The Court therefore adheres to its former ruling in which it followed the persuasive authority in Triple G and Gary D. Peake. Further, because we find New Hanover to be materially distinguishable authority, we do not feel bound by the holding in that case. Defendant Beckman’s motion for summary judgment, to the extent premised upon his renewed jurisdictional challenges, is denied as to Counts I, II, and III. For the same reasons, we remain convinced that Count V is ripe for disposition. In Count V Plaintiff asserts that the FAA by its terms does not apply to the Happy Landing Landfill. Simply put, the same types of concerns that give rise to a “case” or “controversy” for purposes of Plaintiffs facial attacks on the FAA Amendment’s constitutionality also lead us to conclude that Plaintiffs claim under Count V is ripe as well. First, the issue of whether the FAA Amendment applies to Plaintiffs landfill is fit for judicial resolution because it involves a question of pure law. Second, in the event the Amendment is upheld constitutionally, postponement of judicial resolution of Count V leaves Eagle in the same quandary as was previously discussed: to wit, Eagle would be faced with the potential dilemma of having to either (a) abandon its investment in deference to a potentially inapplicable (albeit constitutionally sound) law or (b) proceed with its efforts to complete the state permitting process, not knowing whether the Amendment would later be found applicable (and thus a permanent impediment) to the Happy Landing Landfill. Accordingly, because our previous ripeness analysis applies as well in the context of Count Y, we find that Plaintiffs statutory construction claim is ripe for judicial review. Plaintiffs fourth cause of action is directed only against the Authority and its individual board members. It alleges that the FAA Amendment, as applied by those Defendants, caused a taking of Eagle’s property without just compensation and deprived Eagle of its rights to equal protection of the laws, substantive due process, and procedural due process. We address these claims separately, infra. (3) Intervenors’ Motion to Dismiss The Court also has before it a motion to dismiss which was filed by the Intervenors on September 11, 1998. Intervenors challenge this Court’s jurisdiction based on the doctrine of mootness. This motion is premised on a September 3, 1998 adjudication by the Pennsylvania Environmental Hearing Board which dismissed Eagle’s appeal, at EHB Docket No. 96-215-MG, relative to the DEP’s September 25, 1996 order modifying and suspending Eagle’s Water Obstruction and Encroachment Permit and suspending its other permits. Pursuant to Section 4 of the Pennsylvania Environmental Hearing Board Act, P.L. 530, No. 94 (July 13, 1988), codified at 35 P.S. § 7511 et seq. (West 1993), “No action of the [DEP] adversely affecting a person shall be final as to that person until the person has had the opportunity to appeal the action to the board.” 35 P.S. § 7514(c) (West 1993). Intervenors argue that, in light of the fact that the DEP’s suspension order has now become “final,” Eagle lacks a cognizable interest in the outcome of this litigation. Accordingly, Intervenors argue, the matters raised in Plaintiffs Complaint are now moot and the case should therefore be dismissed. The concept of mootness, like ripeness, is one that emanates from Article Ill’s “cases” and “controversies” requirement. Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698 (3d Cir.1996); Armstrong World Indus., 961 F.2d at 411. A case becomes moot when the issues are no longer live or the parties lack a cognizable interest in the outcome of the litigation. Blanciak, 77 F.3d at 698. The “central question in mootness inquiries is whether changes in circumstances that prevailed at the beginning of the litigation have forestalled any occasion for meaningful relief.” Artway, 81 F.3d at 1246 (citations omitted). Intervenors argue that, because the DEP’s suspension of Eagle’s permits is now “final,” Eagle no longer has any permit necessary to operate a landfill, and thus does not have standing to challenge the FAA Amendment since it cannot be aggrieved by any application of that Act. Although this argument has some facial appeal, on closer review we find that it lacks merit. We agree with Plaintiffs assertion that, under the circumstances presented here, the “finality” of the DEP’s action per 35 P.S. § 7514(c) is significant only in the context of determining when the DEP’s action is properly appealable for judicial review. Nothing in the EHB’s decision has changed Eagle’s position relative to the Happy Landing Landfill as a practical matter. As was true prior to the EHB’s decision, if Eagle intends to pursue its plans for the Happy Landing Landfill, its only recourse barring a victory on further appeal before the Commonwealth Court is to begin the process of redesigning its landfill so as to comply with the requirements necessary for issuance of new DEP-issued permits. It bears reiterating that, prior to the EHB’s decision of September 3, 1998, Eagle had affirmatively attested to its commitment to proceed with the Happy Landing Landfill regardless of the EHB’s decision in No. 96-215-MG, even to the point of redesigning Happy Landing Landfill, if necessary. We previously found this representation sufficient to find an “actual case or controversy,” consistent with the holdings of Triple G and Gary D. Peake, discussed supra. At no time has Eagle foresworn this intent. Eagle’s claims, therefore, remain sufficiently “ripe” for adjudication by this Court. In effect, Eagle is still faced with the Hobson’s choice which initially led this Court to conclude that it had a sufficient “case” or “controversy” for Article III purposes. Eagle still must decide whether to abandon the landfill in deference to a potentially unconstitutional statute or, alternatively, to invest significant funds in an effort to obtain fully valid permits. This latter option creates the risk that Eagle may invest significant time and money only to find itself ultimately up against a “brick wall” by virtue of the FAA Amendment. Intervenors have alleged that, in fact, Eagle faces no risk under the latter option because Defendant Beckman has represented that he has no present intention to enforce the FAA Amendment in the foreseeable future. We find this argument unconvincing for two reasons. First, the DEP is not the only entity capable of enforcing the FAA Amendment, since the FAA itself has civil enforcement powers. Secondly, it is clear that Beckman has not foresworn his intention to apply the FAA Amendment for all time. His statement in essence is no more than a self-evident acknowledgment that there is no current reason to apply the Amendment, since Eagle currently is not permitted under state law to establish its Landfill. The contingency remains, however, that Eagle may in fact succeed in eventually obtaining new state permits. The Court is cognizant of the fact that Eagle may, in fact, be unsuccessful in overcoming the legal barriers to its currently suspended permits. However, that contingency does not defeat ripeness. See Triple G, 977 F.2d at 290-91 (“There is always the chance that the [state Department of Environmental Management] will turn down Triple G’s permit application, but that contingency, in and of itself, is not sufficient to defeat ripeness, ... particularly in light of the substantial practical effect the ordinance currently has on Triple G’s long-term plans.”)( internal citations omitted). As in Triple G, we think that the dispute here is sufficiently focused and that Eagle, like the Triple G plaintiff, should not be placed in the position of having to “jump through a series of hoops, the last of which it is certain to find obstructed by a brick wall.” 977 F.2d at 291. Thus, on reexamination of the jurisdictional issue this Court remains convinced that the claims presented in Counts I, II, III and V are sufficiently ripe for adjudication. Specifically applying the Third Circuit’s refined standard for determining the ripeness of declaratory actions we find, with respect to those claims, that there is sufficient adversity of interest here, that a judgment would be sufficiently conclusive, and that a judgment would have significant utility. See Pic-A-State Pa., Inc. v. Reno, 76 F.3d 1294, 1298-1300 (3d Cir.1996), cert. denied, 517 U.S. 1246, 116 S.Ct. 2504, 135 L.Ed.2d 194 (1996). Intervenors’ motion to dismiss will therefore be denied as to Counts I, II, III and V. (4) Abstention Defendant Beckman has urged this Court to abstain from entering any order which in any respects enjoins the DEP from a certain course of action relative to Eagle’s state permits. Beckman urges that such an order is contrary to the Bur-ford and Pullman abstention doctrines. See Burford v. Sun Oil Co., 319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943); Railroad Comm’n v. Pullman, 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). In determining whether these principles apply here, we bear in mind that “[flederal courts have an obligation to exercise their jurisdiction” and that “[ajbstention, therefore, is the exception rather than the rule.” Riley v. Simmons, 45 F.3d 764, 771 (3d Cir.1995) (citations omitted). In addition, abstention “often imposes a substantial cost in delay, expense and legal uncertainty.” Professional Plan Examiners of New Jersey, Inc. v. Lefante, 750 F.2d 282, 290 (3d Cir.1984). Beckman argues that, because the DEP is vested with the discretionary authority to make determinations as to solid waste permits under the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.503(a) — including whether to “deny, suspend, modify or revoke any permit” based on an applicant’s failure to comply with federal environmental laws, see id.— the issue of whether a Pennsylvania solid waste permit is issued, modified, etc. is exclusively a discretionary function under state law. Thus, Beckman reasons, an order from this Court which in any way enjoins the DEP from taking action on Eagle’s permits would be “a direct affront to the Commonwealth’s sovereignty in regulating solid waste facilities within its borders.” (Mem. of Law in Supp. of Def. Beckman’s Cross-Mot. for Summ. Judg. [Doc. No. 75] at 16.) The more prudent course, Beckman urges, is to “allow the Department to carry out its duties under [the Solid Waste Management Act] at the appropriate time.” (Id. at 17.) Beckman’s concerns do not state any basis for application of Burford abstention insofar as Eagle’s constitutional and statutory construction claims are concerned. That doctrine has been summarized as follows: Where timely and adequate state-court review is available, a federal court sitting in equity must decline to interfere with the proceedings or orders of state administrative agencies: (1) when there are “difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar”; or (2) where the “exercise of federal review of the question in a case and in similar cases would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.” New Orleans Pub. Serv., Inc. v. Council of New Orleans, 491 U.S. 350, 361, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989) (quoting Colorado River Water Conserv. Dist. v. United States, 424 U.S. 800, 814, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976)). In this case, it is not clear how any adjudication by this Court would “interfere with the proceedings or orders of state administrative agencies.” We are being asked here to decide only issues of purely federal law which are separate and distinct from the issues being litigated by the parties in the state administrative proceedings. In fact, this Court’s adjudication as to Counts I, II, III and V should assist — rather than interfere with — the DEP’s efforts in carrying out its responsibilities under the Solid Waste Management Act. If, for example, we were to determine that the FAA Amendment is either inapplicable to Eagle’s situation or is unconstitutional on its face, no real interference would have occurred with the DEP’s administrative actions because, in that event, the DEP can have no future interest in applying an inapplicable or invalid statute against Eagle. Indeed, Beckman has acknowledged that he would not attempt to apply the Amendment, should this Court find it constitutionally infirm. If, on the other hand, this Court determines that the Amendment is both applicable to Eagle’s situation and constitutional, no interference will have occurred at all in terms of the DEP’s administrative course of conduct. In short, to the extent that Beckman has discretion under the Pennsylvania Solid Waste Management Act to apply federal environmental laws, our resolution of the instant case does not create any ramifications other than to clarify the extent to which Beck-man may purport to apply one aspect of federal statutory law. Thus there is no danger here that our adjudication will interfere with the proceedings or orders of state administrative agencies. In addition, we are not faced with “difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar.” Finally, this is not a case where the “exercise of federal review of the question in a case and in similar cases would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.” State administrative policy is implicated by our adjudication only insofar as it depends on application of an allegedly inapplicable and/or unconstitutional federal statute. This is a topic on which this Court surely is well-suited to pass. We also do not believe that the facts here warrant abstention under the Pullman doctrine. Pullman abstention may be employed “when a federal court is presented with both a federal constitutional issue and an unsettled issue of state law whose resolution might narrow or eliminate the federal constitutional question, ... [thus] avoiding] ‘needless friction with state policies.’ ” Presbytery of New Jersey of the Orthodox Presbyterian Church v. Whitman, 99 F.3d 101, 106 (3d Cir.1996) (quoting Chez Sez III Corp. v. Township of Union, 945 F.2d 628, 631 (3d Cir.1991)), cert. denied, 520 U.S. 1155, 117 S.Ct. 1334, 137 L.Ed.2d 494 (1997). The doctrine thus requires the presence of three circumstances: (1) uncertain issues of state law underlying the federal constitutional claim; (2) state law issues subject to state court interpretation that could obviate the need to adjudicate or substantially narrow the scope of the federal constitutional claim; and (3) the possibility that an erroneous construction of state law by the federal court would disrupt important state policies. Id. If these special circumstances are all present, the court should make a “discretionary determination” as to whether abstention is appropriate under the circumstances, based on certain “equitable considerations.” Id. The factors necessary for Pullman abstention are not all present here. First, we are not faced with “uncertain issues of state law” underlying Plaintiffs federal claims. While Plaintiff happens to be engaged in ancillary litigation based on unrelated state issues, our adjudication does not require resolution of any of those issues. Consequently, we also are unhampered by concerns that “an erroneous construction of state law” by this Court would “disrupt important state policies.” The Court therefore need not abstain from adjudicating Counts I, II, III or V. B. Statutory Constmction Challenge: Count V As we noted above, Eagle in Count V of the Complaint seeks a declaration that the FAA Amendment does not apply to it or the Happy Landing Landfill as a matter of statutory construction. Plaintiff has not moved for summary judgment on this Count, apparently because it believes there are material issues of fact concerning this claim that must be resolved by a fact finder. Defendants FAA and Intervenors, however, have proposed that summary judgment should be entered in their favor as to Count V. (See Def. FAA’s Mem. in Supp. of its Cross-Mot. for Summ. Judg. and in Opp. to Pl.’s Mot. for Partial Summ. Judg. [Doe. No. 77] at 20-21 n. 7; Interve-nors’ Cross-Mot. for Summ. Judg. [Doc. No. 71] at 3.) Because the issue has been adequately joined by the parties, involves purely legal questions of statutory construction, and might potentially allow this Court to avoid determining constitutional challenges to the FAA Amendment, we will consider the argument on its merits. The applicable statutory provision reads as follows: ... For the purpose of enhancing aviation safety, in a case in which 2 landfills have been proposed to be constructed or established within 6 miles of a commercial service airport with fewer than 50,-000 enplanements per year, no person shall construct or establish either landfill if an official of the Federal Aviation Administration has stated in writing within the 3-year period ending on the date of enactment of this subsection that 1 of the landfills would be incompa