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LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION v. HODEL

No. CIV. 3-83-562.

586 F.Supp. 1163 (1984)

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. and Natural Resources Defense Council, Inc. State of Tennessee on behalf of Tennessee Department of Health and Environment (Intervening Plaintiff) v. Donald HODEL, Secretary, United States Department of Energy and United States Department of Energy.

United States District Court, E.D. Tennessee, N.D.

April 13, 1984.

Attorney(s) appearing for the Case

Gary A. Davis, Knoxville, Tenn., Dean Hill Rivkin, Knoxville, Tenn., Barbara A. Finamore, Alan Miller, S. Jacob Scherr, Natural Resources Defense Council, Inc., Washington, D.C., and Jane L. Bloom, Natural Resources Defense Council, Inc., New York City, for plaintiffs.

Francis J. Scanlon, Deputy Atty. Gen., Nashville, Tenn., for intervening plaintiff.

Dean K. Dunsmore, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., Jimmie Baxter, Asst. U.S. Atty., Knoxville, Tenn., and Jim Foutch, Office of Chief Counsel, Dept. of Energy, Oak Ridge, Tenn., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Plaintiffs allege that defendants are in violation of the Resource Conservation and Recovery Act [RCRA], 42 U.S.C. §§ 6901-6987, and the Clean Water Act [CWA]1, 33 U.S.C. §§ 1251-1376. Plaintiffs seek declaratory and injunctive relief plus the imposition of civil penalties. This case is now before the Court on cross motions for summary judgment.

Defendants...

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