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SEABURN INC. v. U.S. E.P.A.

Civ. A. No. 88-637.

712 F.Supp. 218 (1989)

SEABURN INC., Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, District of Columbia.

April 20, 1989.

Attorney(s) appearing for the Case

Elmer C. Maddy, Maddy, Dalton & Lion, New York City, for plaintiff.

Ashley Doherty, U.S. Dept. of Justice, Washington, D.C., David M. Gravallese, U.S. E.P.A., Washington, D.C., for defendants.

MEMORANDUM OPINION

JOHN H. PRATT, District Judge.

This matter comes before the court on cross-motions for summary judgment. The matter has been extensively briefed.

Background

In 1972 Congress passed the Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §§ 1401-1444 (1977), commonly known as the "Federal Ocean Dumping Act" ("the Act"), to "prevent or strictly limit the dumping in ocean waters of any material

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