CHAMPION INTERN. CORP. v. U.S. E.P.A.

Civ. No. A-C-86-26.

652 F.Supp. 1398 (1987)

CHAMPION INTERNATIONAL CORPORATION, Plaintiff, and State of North Carolina, ex rel., Department of Natural Resources and Community Development, Intervenor-Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lee M. Thomas, Administrator, U.S. Environmental Protection Agency; and Jack E. Ravan, Regional Administrator, Region IV, U.S. Environmental Protection Agency, Defendants, and State of Tennessee, on Behalf of the Tennessee Department of Health and Environment and the Tennessee Wildlife Resources Agency, Intervenor-Defendant, and Pigeon River Action Group; and the Legal Environmental Assistance Foundation, Intervenor-Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

February 3, 1987.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, Columbus, Ohio by J. Jeffrey McNealey, Michael K. Glenn, Washington, D.C., Redmond, Stevens, Loftin & Currie, Asheville, N.C. by John S. Stevens and Gwynn G. Radeker, for plaintiff.

Alan S. Hirsch & Daniel C. Oakley, Asst. Attys. Gen., N.C. Dept. of Justice, Raleigh, N.C., for plaintiff-intervenor State of N.C.

U.S. Atty. Charles R. Brewer, Asst. U.S. Atty. Clifford Marshall, Asheville, N.C., F. Henry Habicht, II, Asst. Atty. Gen., Land and Natural Resources Div., Susan L. Smith, U.S. Dept. of Justice, Land and Natural Resources Div., Environmental Defense Section, Washington, D.C., Jan Taradash, Office of General Counsel, U.S. E.P.A., Washington, D.C., Thomas M. DeRose, Office of Regional Counsel, Region IV, U.S. E.P.A., Atlanta, Ga., for defendants.

Gary A. Davis, Knoxville, Tenn., Sean Devereux, Asheville, N.C., for defendants-intervenors Pigeon River Action Group and Legal Environmental Assistance Foundation.

State of Tenn., Office of the Atty. Gen., Nashville, Tenn. by W.J. Michael Cody, Frank J. Scanlon & Michael D. Perigen, Robert W. Spearman, Raleigh, N.C., for defendant-intervenor State of Tenn.


SUPPLEMENTAL MEMORANDUM OF DECISION

SENTELLE, District Judge.

THIS MATTER is before the court on Champion's motion for withdrawal of mandate in light of International Paper Co. v. Ouellette, ___ U.S. ___, 107 S.Ct. 805, 93 L.Ed.2d 883 (1987). This action was filed by Champion and the State of North Carolina challenging the assumption of permitting authority by the Environmental Protection Agency (EPA), concerning waste-water discharge from Champion...

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