SAVE OUR COMMUNITY v. U.S. E.P.A.

Civ. A. No. 3-90-0799-H.

741 F.Supp. 605 (1990)

SAVE OUR COMMUNITY and the City of Ferris, Texas, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, N.D. Texas, Dallas Division.

May 3, 1990.


Attorney(s) appearing for the Case

Frederick W. Addison, III and Elizabeth E. Mack, Locke Purnell Rain Harrell, Dallas, Tex., for plaintiffs.

(EPA) Michael D. Rowe, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., (COE) Rebecca Gregory, U.S. Dept. of Justice, U.S. Attorney's Office, Dallas, Tex., (TRINITY) Jeff Civins, Vinson & Elkins, Austin, Tex., for defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

SANDERS, Chief Judge.

I. INTRODUCTION

This action for declaratory and injunctive relief challenges the draining of several ponds located on the proposed site of a landfill expansion. Plaintiffs, a citizens association and the City of Ferris, Texas, seek a declaratory judgment that Defendant Waste Management, Inc. is in violation of the Clean Water Act by its failure to obtain a "404(b)" permit prior to the...

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