U.S. v. MARINE SHALE PROCESSORS

No. 94-30664.

81 F.3d 1329 (1996)

UNITED STATES of America, et al., Plaintiffs, United States of America, Plaintiff-Appellee, Cross-Appellant, State of Louisiana, Intervenor-Appellee, Cross-Appellant, v. MARINE SHALE PROCESSORS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 18, 1996.


Attorney(s) appearing for the Case

Jerrold J. Ganzfried, Christopher H. Marraro, Howrey & Simon, Washington, DC, K. Eric Gisleson, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Sidney A. Cotlar, New Orleans, LA, Russ Herman, Herman, Herman, Katz & Collar, New Orleans, LA, for appellant.

Peter Appel, David C. Shilton, Steven C. Silverman, Environmental Enforcement Section, Dept. of Justice, Appellate Section, Washington, DC, for USA.

John Baird King, Christopher A. Ratcliff, La. Dept. of Env. Quality, Legal Affairs Div., Baton Rouge, LA, for State of La., Dept. of Environmental Quality.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case, along with Nos. 94-30419 and 95-60228, concerns the past actions and future fate of Marine Shale Processors, Inc., a hazardous waste treatment facility. The cases involve multiple aspects of each of the federal environmental laws as affecting disputes between the Environmental Protection Agency and MSP. We provide a brief explanation of the three cases in this opinion before discussing the specific issues raised by...

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