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STATE OF ALA. v. U.S. E.P.A.

Nos. 88-7677, 89-7024.

871 F.2d 1548 (1989)

STATE OF ALABAMA, etc., et al., Plaintiffs-Appellees, Cross-Appellants, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; and Lee M. Thomas, Defendants-Appellants, State of Texas; and Chemical Waste Management, Inc., Intervenors-Appellants, Cross-Appellees. STATE OF ALABAMA, ex rel. Don SIEGELMAN, Attorney General, and Guy Hunt, Don Siegelman and Leigh Peques, individually as citizens of the State of Alabama, Plaintiffs-Appellees, Cross-Appellants, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Lee M. Thomas, Administrator of the United States Environmental Protection Agency, Defendants-Appellants, Cross-Appellees, Chemical Waste Management, Inc., State of Texas, Intervenors-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 18, 1989.

Attorney(s) appearing for the Case

John P. Scott, Jr., Marshall Timberlake, Balch & Bingham, Birmingham, Ala., R. Craig Kneisel, Office of the Atty. Gen., Robert D. Tambling, Asst. Atty. Gen., Montgomery, Ala., for State of Ala., Guy Hunt, Don Siegleman & Leigh Pegues.

James Eldon Wilson, U.S. Atty., Montgomery, Ala., for E.P.A.

Maynard, Cooper, Frierson & Gale, P.C., Fournier J. Gale, III, H. Thomas Wells, Jr., Alfred F. Smith, Jr., Birmingham, Ala., for Chemical Waste Management.

John R. Carter, Environmental Protection Division, Austin, Tex., for State of Texas.

David C. Shilton, U.S. Dept. of Justice, Appellate Section, Washington, D.C., for intervenors-appellants, cross-appellees.

Before JOHNSON, HATCHETT and COX, Circuit Judges.

JOHNSON, Circuit Judge:

This appeal arises from the issuance of a temporary injunction preventing the shipment of soil contaminated with PCBs and other toxic wastes from the Geneva Industries, Inc., toxic waste site in South Houston, Texas, to Chemical Waste Management (CWM)'s toxic waste treatment facility in Emelle, Alabama. The State of Alabama and its governor, attorney general, and head of the department of environmental management, acting in their capacities...

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