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

No. 87-3529.

850 F.2d 182 (1988)

CHAMPION INTERNATIONAL CORPORATION, Plaintiff-Appellant, and State of North Carolina, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lee M. Thomas, Administrator, U.S. Environmental Protection Agency; Jack E. Raven, Regional Administrator, U.S. Environmental Protection Agency; State of Tennessee, on Behalf of the Tennessee Department of Health and Environment and the Tennessee Wildlife Resources Agency; Pigeon River Action Group; Legal Environmental Assistance Foundation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 24, 1988.

Attorney(s) appearing for the Case

John Jeffrey McNealey (Michael K. Glenn, Michael G. Dowd, John S. Stevens, Gwynn G. Radeker, Benjamin S. Bilus, on brief) for plaintiff-appellant.

Blake Andrew Watson, Dept. of Justice (David C. Shilton, Susan L. Smith, Dept. of Justice, W.J. Michael Cody, Atty. Gen., Frank J. Scanlon, Deputy Atty. Gen., Michael D. Pearigen, F. Henry Habicht, II, Asst. Attys. Gen., Robert W. Spearman, Adams, McCullough & Beard, Gary A. Davis, Susan C. Lepow, Gail B. Cooper, E.P.A., on brief), for defendants-appellees.

Before WIDENER and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WIDENER, Circuit Judge:

This case comes to us on appeal from summary judgment granted in favor of the defendant, United States Environmental Protection Agency (EPA). While we agree with much of the district court's opinion, we are of opinion that judicial review of the merits of EPA's objections is premature, so we vacate the judgment of the district court and remand with instructions to dismiss the case for lack of subject matter jurisdiction.

The plaintiff...

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