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CONSERVATION LAW FOUNDATION v. REILLY

Nos. 91-1257, 91-1269.

950 F.2d 38 (1991)

CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC., et al., Plaintiffs, Appellees, v. William K. REILLY, as he is Administrator of the United States Environmental Protection Agency, Defendant, Appellant. CONSERVATION LAW FOUNDATION OF NEW ENGLAND, etc., et al., Plaintiffs, Appellants, v. William K. REILLY, as he is Administrator of the United States Environmental Protection Agency, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 25, 1991.

Rehearing and Rehearing Denied December 30, 1991.

Attorney(s) appearing for the Case

Anne S. Almy, Atty., Dept. of Justice, Environmental and Natural Resources Div., Washington, D.C., with whom Richard B. Stewart, Asst. Atty. Gen., Wayne A. Budd, U.S. Atty., George Bunker Henderson, Asst. U.S. Atty., Boston, Mass., John A. Bryson, W. Christian Schumann, and Vicki L. Plaut, Attys., Dept. of Justice, Environmental and Natural Resources Div., Washington, D.C., were on brief for William K. Reilly, Adm'r, U.S.E.P.A.

Stephen H. Burrington, Boston, Mass., for plaintiffs Conservation Law Foundation of New England, Inc.

Before TORRUELLA, Circuit Judge, BOWNES and HILL, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied December 30, 1991.

TORRUELLA, Circuit Judge.

This appeal raises the question of whether plaintiffs, two New England-based environmental organizations, have standing to obtain nationwide injunctive relief against the Administrator of the Environmental Protection Agency (EPA) for his failure to assess and evaluate the hazardous waste problems in each of approximately 840 federal waste sites, scattered throughout the country...

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