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SCHALK v. REILLY

Nos. 89-1141, 89-1276.

900 F.2d 1091 (1990)

David SCHALK and Ronald T. Smith, Plaintiffs-Appellants, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, Defendant-Appellee. Sarah E. FREY and People Against the Incinerator (PATI), an Unincorporated Association, Plaintiffs-Appellants, v. William K. REILLY, in his official capacity as administrator of the United States Environmental Protection Agency, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 1990.

Rehearing and Rehearing Denied May 30, 1990.

Attorney(s) appearing for the Case

David Schalk, Bloomington, Ind., pro se.

Ronald T. Smith, Bloomington, Ind., pro se.

Deborah J. Daniels, U.S. Atty., Indianapolis, Ind., Martin W. Matzen, M. Alice Thurston, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee.

Edward L. Rogers, Washington, D.C., Rudolph W. Savich, Bloomington, Ind., for plaintiffs-appellants.

John Blair, Indianapolis, Ind., Richard E. Condit, Washington, D.C., amicus curiae, for Hoosier Environmental Council and Indiana Public Interest Research Group.

Before WOOD, Jr., RIPPLE, and MANION, Circuit Judges.

Rehearing and Rehearing In Banc Denied May 30, 1990.

MANION, Circuit Judge.

David Schalk and Sara Frey brought separate citizens suit challenges to a consent decree entered into by Westinghouse and the Environmental Protection Agency (EPA) to clean up hazardous waste sites in and around Bloomington, Indiana. The district court separately dismissed both cases for lack of subject matter jurisdiction. Schalk and Frey appealed, and their cases were consolidated...

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