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FREY v. E.P.A.

No. 00-2748.

270 F.3d 1129 (2001)

Sarah E. FREY, Kevin Enright, and Protect Our Woods, Inc., Plaintiffs-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, Christie Whitman, Administrator, and Viacom, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2001.

Attorney(s) appearing for the Case

Mick G. Harrison (argued), Bloomington, IN, for Sarah E. Frey. Kevin Enright and Protect Our Woods, Inc.

Diane E. McConkey (argued), App. Sec., Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for EPA and Carol M. Browner.

David B. Hird (argued), Weil, Gotshal & Manges, Washington, DC, Brent D. Taylor, Baker & Daniels, Indianapolis, IN, for CBS, Inc. and Viacom, Inc.

Before EASTERBROOK, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

This case involves efforts to clean up three old dumps in the Bloomington, Indiana, area, that became contaminated with polychlorinated biphenyls (PCBs), dioxin, and other toxic chemicals over the years. The federal Environmental Protection Agency (EPA) and CBS Corporation (formerly Westinghouse, and now Viacom — but we will call it CBS as the parties have done) reached agreement on a remediation plan. The task of cleaning and...

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