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NORTH SHORE GAS CO. v. E.P.A.

Nos. 91-1077, 91-1383.

930 F.2d 1239 (1991)

NORTH SHORE GAS COMPANY, Plaintiff-Appellant, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 25, 1991.

Attorney(s) appearing for the Case

Nancy J. Rich, Atty. Gen., John J. Verscaj, Russell B. Selman, Bell, Boyd & Lloyd, Chicago, Ill., for North Shore Gas Co.

Gail C. Ginsberg, Thomas P. Walsh, Asst. U.S. Attys., Fred Foreman, U.S. Atty., Nancy K. Needles, Asst. U.S. Atty., Civ. Div., Appellate Section, Chicago, Ill., M. Alice Thurston, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for E.P.A., et al.

Douglas J. Rathe, Office of the Atty. Gen., Environmental Control Div., Chicago, Ill., M. Alice Thurston, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for Illinois E.P.A. and Bernard F. Killian.

Dale M. Cohen, Steven H. Frankel, Sonnenschein, Nath & Rosenthal, Jeffrey C. Fort, Gardner, Carton & Douglas, Chicago, Ill., M. Alice Thurston, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for Outboard Marine Corp.

Before POSNER, FLAUM, and MANION, Circuit Judges.

POSNER, Circuit Judge.

This is a needlessly complicated case; we shall prune it ruthlessly. The Environmental Protection Agency identified a portion of Waukegan Harbor, on Lake Michigan, as a "Superfund site," identified Outboard Marine Corporation as being responsible for the contamination of the site, and ordered Outboard to clean it up. Outboard resisted, the EPA sued, and a consent decree was entered containing a clean-up plan. One of the measures required by...

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