U.S. v. DENVER, CITY AND COUNTY OF

No. 96-1091.

100 F.3d 1509 (1996)

UNITED STATES of America, Plaintiff-Counter-Defendant-Appellee, v. DENVER, CITY AND COUNTY OF; Dorothy A. Nepa, in her official capacity as Administrator of the Department of Zoning Administration of the City and County of Denver, Defendants-Counter-Claimants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 18, 1996.


Attorney(s) appearing for the Case

T. Shaun Sullivan, Assistant City Attorney (Daniel E. Muse, City Attorney, Robert M. Kelly and Thomas Bigler, Assistant City Attorneys, with him on the brief), Denver, CO, for Defendants-Counter-Claimants-Appellants.

Daniel W. Pinkston, Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C. (Lois J. Schiffer, Assistant Attorney General, Washington, D.C., Henry L. Solano, U.S. Attorney and Linda A. Surbaugh, Assistant U.S. Attorney, Denver, CO, Martin W. Matzen and Elinor Colbourn, Attorneys, U.S. Department of Justice, Environmental and Natural Resources Division, Washington, D.C., George Wyeth, Attorney, U.S. Environmental Protection Agency, Washington, D.C., and Wendy I. Silver, Attorney, U.S. Environmental Protection Agency, Denver, CO, with him on the brief), for Plaintiff-Counter-Defendant-Appellee.

Before EBEL, KELLY and BRISCOE, Circuit Judges.


PAUL KELLY, Jr., Circuit Judge.

Defendant-Appellant City and County of Denver appeals from a grant of summary judgment in favor of Plaintiff-Appellee United States on the United States' declaratory judgment action. The district court granted summary judgment on the grounds that Denver's zoning ordinance is preempted by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Pub.L. No....

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