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ENVIRONMENTAL PROTEC. INFO. CTR v. PACIFIC LUMBER CO.

No. C 01-2821 MHP.

301 F.Supp.2d 1102 (2004)

ENVIRONMENTAL PROTECTION INFORMATION CENTER, a non-profit corporation, Plaintiff, v. PACIFIC LUMBER COMPANY, a Delaware corporation; Scotia Pacific Company LLC, a Delaware corporation; Environmental Protection Agency, a federal agency; and Christine Todd Whitman, in her capacity as EPA Administrator, Defendants.

United States District Court, N.D. California.

January 23, 2004.

Attorney(s) appearing for the Case

Michael R. Lozeau, Earthjustice Legal Defense Fund, Stanford, CA, Mark A. Rigau, U.S. Dept of Justice Environmental & Natural Resources Div., San Francisco, CA, Deborah A. Sivas, Earthjustice Legal Defense Fund, Stanford, CA, for Environmental Protection Information Cener.

Frank Shaw Bacik, John A. Behnke, Carter Behnke Oglesby & Bacik, Ukiah, CA, Christopher J. Carr, Stoel Rives LLP, San Francisco, CA, Bruce Stewart Flushman, Edgar B. Washburn, Stoel Rives LLP, San Francisco, CA, for Pacific Lumber Co.

Order Motion to Dismiss

PATEL, Chief Judge.

On July 24, 2001, plaintiff Environmental Protection Information Center ("EPIC"), a non-profit environmental organization, brought a citizen-suit action under section 505(a) of the Clean Water Act ("CWA"), 33 U.S.C. § 1365(a), against Pacific Lumber Company and Scotia Pacific Lumber Company (collectively "PALCO"), the Environmental Protection Agency ("EPA"), and Christine Todd Whitman as EPA Administrator...

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