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FRIENDS OF THE EARTH v. GASTON COPPER RECYCLING

No. 98-1938.

204 F.3d 149 (2000)

FRIENDS OF THE EARTH, INCORPORATED; Citizens Local Environmental Action Network, Incorporated, Plaintiffs-Appellants, v. GASTON COPPER RECYCLING CORPORATION, Defendant-Appellee. United States of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 2000.

Attorney(s) appearing for the Case

ARGUED: Bruce J. Terris, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellants. Rufus Justin Smith, United States Department of Justice, Washington, D.C., for Amicus Curiae. Harold Weinberg Jacobs, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Columbia, South Carolina, for Appellee. ON BRIEF: Kathleen L. Millian, Terris, Pravlik & Millian, L.L.P., Washington, D.C.; Robert Guild, Columbia, South Carolina, for Appellants. Lois J. Schiffer, Assistant Attorney General, Greer S. Goldman, David Shilton, United States Department of Justice, Washington, D.C., for Amicus Curiae.

Before: WILKINSON, Chief Judge, and WIDENER, MURNAGHAN, WILKINS, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Reversed and remanded by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judges WIDENER, MURNAGHAN, WILKINS, WILLIAMS, MICHAEL, MOTZ, TRAXLER, and KING joined. Judge NIEMEYER wrote an opinion concurring in the judgement. Judge LUTTIG wrote an opinion concurring in the judgment, in which Judge NIEMEYER joined. Senior Judge HAMILTON wrote an opinion concurring in the judgment.

OPINION

WILKINSON, Chief Judge:

Friends of the Earth...

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