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.https://leagle.com/images/logo.png
February 3, 1987.
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.
United States District Court, W.D. North Carolina, Asheville Division.
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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