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CITIZENS FOR A BETTER ENVIRONMENT v. STEEL CO.

No. 96-1136.

90 F.3d 1237 (1996)

CITIZENS FOR A BETTER ENVIRONMENT, a not for profit corporation, Plaintiff-Appellant, v. The STEEL COMPANY, a/k/a Chicago Steel and Pickling Company, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Stefan A. Noe, Citizens for a Better Environment, Chicago, IL, James D. Brusslan (argued), John T. Hundley, Hundley & Brusslan, Chicago, IL, for Plaintiff-Appellant.

Sanford M. Stein (argued), Leo Patrick Dombrowski, Louise M. Goodwin, Wildman, Harrold, Allen & Dixon, Chicago, IL, for Defendant-Appellee.

Lois J. Schiffer, Michael Wall (argued), United States Department of Justice, Environment and Natural Resources Division, Washington, DC, for Amicus Curiae Environmental Protection Agency.

James M. Hecker, Washington, DC, for Amici Curiae Natural Resources Defense Council, Incorporated, Sierra Club, United States Public Interest Research Group, Atlantic States Legal Foundation, Tennessee Environmental Council, Ecology Center of Ann Arbor, Incorporated, Communities for a Better Environment, Cold Mountain, Cold Rivers, Incorporated, Don't Waste Arizona, Incorporated and Trial Lawyers for Public Justice.

Before ESCHBACH, ROVNER, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

In this case we examine for the first time the citizen enforcement provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). EPCRA was passed into law as Title III of the Super-fund Amendments and Reauthorization Act of 1986 (SARA), and is codified at 42 U.S.C. § 11001 et seq. While awareness of SARA is quite high, EPCRA remains one of the lesser-known environmental statutes. Only about 20 federal...

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