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BROWNING-FERRIS INDUSTRIES v. MUSZYNSKI

No. 470, Docket 89-6162.

899 F.2d 151 (1990)

BROWNING-FERRIS INDUSTRIES OF SOUTH JERSEY, INC., Plaintiff-Appellant, v. William J. MUSZYNSKI, Acting Regional Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1990.

As Amended April 6, 1990.

Attorney(s) appearing for the Case

Stephen D. Ramsey, Washington, D.C. (Angus Macbeth, Samuel I. Gutter, Gretchen A. Slosser, Sidley & Austin, Washington, D.C. on the brief), for plaintiff-appellant.

Allan N. Taffet, Asst. U.S. Atty., New York City (Benito Romano, U.S. Atty., Richard M. Schwartz, Nancy Kilson, Asst. U.S. Attys., New York City, on the brief), for defendants-appellees.

Before MESKILL and NEWMAN, Circuit Judges and WEINSTEIN, District Judge.

WEINSTEIN, District Judge:

The parties disagree about the kind of pipe to be used in monitoring a cleaned-up landfill operated by plaintiff-appellant Browning-Ferris Industries of South Jersey, Inc. (BFI). They use this dispute to pose fascinating and far-reaching questions of first impression concerning environmental substantive law, procedural law and jurisdiction of the courts and relevant administrative agencies. We see the dispute as a pipe case. In the interests...

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