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OUTBOARD MARINE CORP. v. THOMAS

No. 85-1753.

773 F.2d 883 (1985)

OUTBOARD MARINE CORPORATION, Plaintiff-Appellant, v. Lee M. THOMAS, Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1985.

Rehearing Denied November 25, 1985.

Attorney(s) appearing for the Case

Richard J. Phelan, Phelan, Pope & John, Ltd., Chicago, Ill., for plaintiff-appellant.

Anne S. Almy, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for defendants-appellees.

Before BAUER and WOOD, Circuit Judges, and GRANT, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The United States Environmental Protection Agency ("the EPA") has determined that there are deposits of the notorious chemical polychlorinated biphenyls, commonly known as PCBs, in certain areas of Waukegan Harbor, Illinois and an adjacent industrial complex owned by Outboard Marine Corporation ("OMC"), and that the blame lies with OMC. As a hazardous waste site, this area ranks high on the National Priority List and is the number...

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