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LONE PINE STEERING COMMITTEE v. U.S. E.P.A.

No. 85-5097.

777 F.2d 882 (1985)

LONE PINE STEERING COMMITTEE, Carter-Wallace, Inc., the Coca-Cola Company, Millipore Corporation, Minnesota Mining & Manufacturing Company, the Nestle Company, Inc., and Owens-Illinois, Inc., Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 22, 1985.

As Amended December 2, 1985.

Attorney(s) appearing for the Case

Randy M. Mott (argued), Breed, Abbott & Morgan, Washington, D.C., Michael X. McBride, Esquire Breed, Abbott & Morgan, New York City, Charles H. Tisdale, Jr. (argued), King & Spalding, Atlanta, Ga., Myron J. Bromberg, John M. Newman, Porzio, Bromberg & Newman, P.C., Morristown, N.J., for appellants.

Kathleen P. Dewey (argued), David C. Shilton, Dept. of Justice, Washington, D.C., Roger J. Marzulla, Esquire Acting Asst. Atty. Gen., W. Hunt Dumont, U.S. Atty., Samuel P. Moulthrop, Asst. U.S. Atty., Newark, N.J., for appellee; Dov Weitman, Office of the Gen. Counsel U.S.E.P.A., Washington, D.C., William K. Sawyer, Asst. Regional Counsel, Region II, U.S.E.P.A., New York City, of counsel.

Before WEIS and BECKER, Circuit Judges, and ZIEGLER, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

To prevent harm from a toxic waste dump, the EPA planned construction to contain the contaminants and process ground water. On completion of the work, the EPA intends to bring suit for the costs incurred. Contending that the project was unnecessarily extensive, some of the parties allegedly responsible for the site condition sought an injunction. The district court...

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