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U.S. v. COM. OF PA., DEPT. OF ENVIR. RESOURCES

No. 90-5337.

923 F.2d 1071 (1991)

UNITED STATES of America, Appellant, v. COMMONWEALTH of PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES.

United States Court of Appeals, Third Circuit.

Decided January 22, 1991.

Rehearing and Rehearing Denied March 22, 1991.

Attorney(s) appearing for the Case

Richard B. Stewart, Asst. Atty. Gen., James J. West, U.S. Atty., Martin C. Carlson, Asst. U.S. Atty., Office of U.S. Atty., Harrisburg, Pa., Thomas R. Bartman, U.S. Dept. of Justice, Land & Natural Resources Div., and J. Carol Williams, and Nancy K. Stoner (argued), Dept. of Justice, Environment & Natural Resources Div., Washington, D.C., for appellant.

Martin H. Sokolow, Jr. Chief, Cent. Region Litigation and David Wersan, Carl B. Schultz (argued), Asst. Counsel Commonwealth of Pennsylvania Department of Environmental Resources Office of Chief Counsel, Harrisburg, Pa., for appellee.

Before MANSMANN, COWEN and ALITO, Circuit Judges.

Rehearing and Rehearing In Banc Denied March 22, 1991.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

The underlying issue in this case is whether the United States must comply with an administrative order issued by the Pennsylvania Department of Environmental Resources ("DER") to clean up a site located on the United States' property at the Navy Ships Parts Control Center ("Navy Control Center") in Mechanicsburg, Pennsylvania. By a lawsuit against...

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