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BURNHAM CORP. v. ADAMKUS

No. C2-88-0562.

750 F.Supp. 282 (1990)

BURNHAM CORPORATION, Plaintiff, v. Valdas ADAMKUS, Regional Administrator, Region V Environmental Protection Agency, et al., Defendants.

United States District Court, S.D. Ohio, E.D.

October 25, 1990.

Attorney(s) appearing for the Case

Robert L. Brubaker, Martin S. Seltzer, Michael J. Rourke, Porter, Wright, Morris & Arthur, Columbus, Ohio, for plaintiff; Douglas E. Kliever, Harold M. Shaw, James W. Poirier, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., of counsel.

D. Michael Crites, U.S. Atty., James E. Rattan, Asst. U.S. Atty., Columbus, Ohio, Roger J. Marzulla, Asst. Atty. Gen., Land and Natural Resources Div., Letitia J. Grishaw, U.S. Dept. of Justice, Washington, D.C., for defendants; Lee R. Tyner, Caroline Wehling, Office of General Counsel, E.P.A., Washington, D.C., Jerome Kujawa, Asst. Regional Counsel, U.S. Environmental Counsel, Chicago, Ill., of counsel.

MEMORANDUM AND AMENDED ORDER

HOLSCHUH, Chief Judge.

BACKGROUND

Burnham Corporation ("Burnham") owns and operates an iron foundry located in Zanesville, Ohio. Burnham uses an air pollution control device called a wet scrubber to remove lead, cadmium, and other pollutants from the air emissions produced by the foundry furnace. The scrubber produces a sludge containing the captured air pollutants which is a hazardous waste having the characteristic...

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