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McCLELLAN ECOLOGICAL SEEPAGE v. WEINBERGER

No. CIV S-86-475-RAR.

707 F.Supp. 1182 (1988)

McCLELLAN ECOLOGICAL SEEPAGE SITUATION (MESS), Mary Fisher, Charles and Sandy Yarbrough, Plaintiffs, v. Caspar Willard WEINBERGER, Secretary of the United States Department of Defense, Defendant.

United States District Court, E.D. California.

June 20, 1988.

Attorney(s) appearing for the Case

Michael Axeline, Western Natural Resources Law Clinic, Eugene, Or., for plaintiffs.

Steve Samuels, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

RAMIREZ, District Judge.

INTRODUCTION

On April 23, 1986, plaintiffs McClellan Ecological Seepage Situation, Mary Fisher, and Charles and Sandy Yarbrough (hereinafter "MESS") brought this action seeking declaratory and injunctive relief as well as civil penalties against the Secretary of the Department of Defense under the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §&...

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