UNITED STATES v. HOOKER CHEMICALS & PLASTICS CORP.

No. CIV-79-989C.

540 F.Supp. 1067 (1982)

UNITED STATES of America and the State of New York, Plaintiffs, v. HOOKER CHEMICALS AND PLASTICS CORPORATION, Hooker Chemical Corporation, Occidental Petroleum Investment Corporation, and Occidental Petroleum Corporation (Hyde Park Landfill), Defendants.

United States District Court, W. D. New York.

April 30, 1982.


Attorney(s) appearing for the Case

Roger P. Williams, U. S. Atty., Buffalo, N.Y. (Jack S. Penca, Buffalo, N.Y., of counsel), U.S. Dept. of Justice, Environmental Enforcement Section (Michael Elder, Washington, D.C., of counsel), U.S. Dept. of Justice, Land and Natural Resources Div. (Carol Dinkins, Asst. U.S. Atty. Gen., Washington, D.C., for Lands, of counsel), U.S. Environmental Protection Agency, Office of Waste Programs Enforcement (William J. Walsh, Washington, D.C., of counsel), for plaintiff United States.

Robert Abrams, Atty. Gen., State of N.Y. (Marcia J. Cleveland, Lorelei Joy Borland, and Mary Ellen Burns, Asst. Attys. Gen., New York City, of counsel), for plaintiff State of N.Y.

Wald, Harkrader & Ross, Washington, D.C. (Thomas H. Truitt, Washington, D.C., of counsel), Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, N.Y. (David K. Floyd, Buffalo, N.Y., of counsel), Phillips, Nizer, Benjamin, Krim & Ballon, New York City, (Louis Nizer, and George Berger, New York City, of counsel), for defendant Hooker.

Robert Paul Merino, Niagara Falls, N.Y., for defendant Town of Niagara.

Edward P. Jesella, Jr., Lewiston, N.Y., for defendant Town of Lewiston.

Jay, Klaif & Morrison, Buffalo, N.Y. (Barbara Morrison, Buffalo, N.Y., of counsel), for amicus Ecumenical Task Force.

Canadian Environmental Law Association (Toby Vigod, Toronto, Ontario, of counsel), for amicus Pollution Probe and Operation Clean-Niagara.

Grossman, Levine & Civiletto, Niagara Falls, N.Y. (Richard Berger, Niagara Falls, N.Y. of counsel), for proposed intervenor Martelli.

Lewis Steele, Niagara Falls, N.Y. and Robert J. Sugarman, Philadelphia, Pa., for proposed intervenors College Heights Property Owners Ass'n and Niagara County Citizens Alliance.


CURTIN, Chief Judge.

I. Introduction

This is an environmental lawsuit filed by the United States Environmental Protection Agency in December 1979 against the defendant, Hooker Chemical and Plastics Corporation [Hooker].1 A settlement agreement and a proposed judgment approving the settlement was lodged with the Clerk of the Court on January 19, 1981. At this time, the court must decide whether the agreement should be approved...

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