DEFENDERS OF WILDLIFE v. BROWNER

Civ. No. 93-234 TUC ACM.

909 F.Supp. 1342 (1995)

DEFENDERS OF WILDLIFE, George Marsik, Jerry Van Gasse, and James A. Slingluff, Plaintiffs, v. Carol BROWNER, Administrator, United States Environmental Protection Agency, Felicia Marcus, Regional Administrator, EPA Region IX, and United States Environmental Protection Agency, Defendants.

United States District Court, D. Arizona.

Order Denying Reconsideration December 21, 1995.


Attorney(s) appearing for the Case

David S. Baron, Tucson, AZ, for plaintiffs.

Karen Egbert, Washington, DC, for defendants.


MEMORANDUM OPINION

MARQUEZ, Senior District Judge.

A. Background

On January 4, 1995, this Court dismissed Plaintiffs' action brought under the citizen suit provisions of the Clean Water Act (CWA), § 505(a)(2), 33 U.S.C. 1365(a). Thereafter, the Court vacated its judgment and granted Plaintiffs leave to file an amended complaint to add an unreasonable delay claim under the Administrative Procedure Act (APA). Plaintiffs filed their Amended...

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