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WHEATON INDUSTRIES v. UNITED STATES E.P.A.

No. 85-5524.

781 F.2d 354 (1986)

WHEATON INDUSTRIES, Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Robert E. Hughey, in his official capacity as Commissioner of the New Jersey Department of Environmental Protection and County of Cape May, New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 21, 1986.

Attorney(s) appearing for the Case

Steven A. Tasher, John P. Dean and Bonni Fine Kaufman, Donovan Leisure Newton & Irvine, Washington, D.C., for appellant Wheaton Industries.

F. Henry Habicht II, Asst. Atty. Gen., Thomas W. Greelish, U.S. Atty., Newark, N.J., Mary Gibbons Whipple, Asst. U.S. Atty., Trenton, N.J., Martin W. Matzen, Kathleen Dewey, Dept. of Justice, Washington, D.C. (Gail Cooper, Office of Gen. Counsel, E.P.A., Washington, D.C., and Randye B. Stein, Asst. Regional Counsel, Region II, E.P.A., New York City, of counsel), for appellee E.P.A.

Irwin I. Kimmelman, Atty. Gen. of New Jersey, James J. Ciancia, Asst. Atty. Gen., and Ross A. Lewin, Deputy Atty. Gen., Trenton, N.J., for appellee Robert E. Hughey, Com'r of the New Jersey Dept. of Environmental Protection.

Before ADAMS, SLOVITER and MANSMANN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 6, 1986.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Wheaton Industries filed this action to compel the United States Environmental Protection Agency (EPA) and the Commissioner of the New Jersey Department of Environmental Protection (DEP) to allow Wheaton to conduct a remedial investigation/feasibility study (RI/FS) at a site in Cape May County, New Jersey that had been contaminated with hazardous...

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