BARMET ALUMINUM CORPORATION, Plaintiff-Appellant,
v.
William K. REILLY, Administrator, United States Environmental Protection Agency; Greer C. Tidwell, Regional Administrator, Region IV, United States Environmental Protection Agency; Carl Bradley, Secretary, Kentucky Natural Resources and Environmental Protection Cabinet, a Statutory Cabinet of the Commonwealth of Kentucky, Defendants-Appellees.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued January 31, 1991.
Decided March 7, 1991.
Attorney(s) appearing for the Case
David L. Yewell (argued), Rummage, Kamuf, Yewell, Pace & Condon, Owensboro, Ky., for plaintiff-appellant.
Michael F. Spalding, Asst. U.S. Atty., Louisville, Ky., Robert J. Ehrler, Timothy J. Salansky, Natural Resources & Environmental Protection Cabinet, Dept. of Law, Frankfort, Ky., Judith Moverman, Asst. Reg. Counsel, U.S.E.P.A., Region IV, Atlanta, Ga., for Greer C. Tidwell and Carl Bradley.
Richard A. Dennis and Michael F. Spalding, Asst. U.S. Attys., Louisville, Ky., Robert L. Klarquist, Evelyn S. Ying (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Robert J. Ehrler, Natural Resources & Environmental Protection Cabinet, Frankfort, Ky., Judith Moverman, Asst. Reg. Counsel, U.S.E.P.A., Region IV, Zylpha K. Pryor, U.S.E.P.A., Associate Regional Counsel, Atlanta, Ga., for William K. Reilly.
Before MILBURN and GUY, Circuit Judges, and BROWN, Senior Circuit Judge.
United States Court of Appeals, Sixth Circuit.
RALPH B. GUY, Jr., Circuit Judge.
Barmet Aluminum Corporation (Barmet) appeals the district court's grant of defendants' motion to dismiss for lack of subject matter jurisdiction. 730 F.Supp. 771. The district court held that it was without jurisdiction to entertain Barmet's action against the Environmental Protection Agency (EPA) and Kentucky's Natural Resources and Environmental Protection Cabinet under the Comprehensive Environmental...
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