CHESTER RESIDENTS CONCERNED FOR QUALITY LIVING; Zulene Mayfield; Cathy Morse; Ossie Morse; King McDonald; Angela McDonald; Carlene P. Stevenson; Louis S. Morse; Rick Otten; Linda Morse Rothwell; Arthur H. Rothwell, III; Margarita Santiago; Ricardo Santiago; Daniel Murphy; Janet Weiss; Reagan Otten; Renee D. Dale; Frances Rothwell; Lisa Gilliam,
v.
James M. SEIF, in his capacity as Secretary of the Pennsylvania Department of Environmental Protection; Pennsylvania Department of Environmental Protection; Carol R. Collier, in her capacity as Director of the Southeastern Region of Department of Environmental Protection; Pennsylvania Department of Environmental Protection — Southeast Region Chester Residents Concerned for Quality, Zulene Mayfield, Cathy Morse, King McDonald, Angela McDonald, Carlene P. Stevenson*, Louis S. Morse, Rick Otten, Lisa Morse Rothwell, Arthur H. Rothwell, III, Margarita Santiago, Ricardo Santiago, Daniel Murphy, Janet Weiss, Renee D. Dale, Frances Rothwell, and Lisa Gilliam, Appellants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued September 25, 1997.
Decided December 30, 1997.
Attorney(s) appearing for the Case
Jerome Balter, Public Interest Law Center of Philadelphia, Philadelphia, PA, Gilbert Paul Carrasco, (Argued), Villanova University, Villanova Law School, Villanova, PA, for Appellants Chester Residents Concerned for Quality Living, Zulene Mayfield; Cathy Morse; Ossie Morse; King McDonald; Angela McDonald; Carlene P. Stevenson; Louis S. Morse; Rick Otten; Linda Morse Rothwell; Arthur H. Rothwell, III; Margarita Santiago; Daniel Murphy; Janet Weiss; Reagan Otten; Renee D. Dale; Frances Rothwell; Lisa Gilliam; Ricardo Santiago.
Mark L. Freed, (Argued), Commonwealth of Pennsylvania, Department of Environmental Resources, Conshohocken, PA, for Appellees James M. Seif, in his capacity as Secretary of the Pennsylvania Department of Environmental Protection, Pennsylvania Department of Environmental Protection, Carol R. Collier, in her capacity as Director of the Southeastern Region of Department of Environmental Protection, Pennsylvania Department of Environmental Protection, Southeast Region.
Seth M. Galanter, United States Department of Justice, Civil Rights Division, Washington, DC, for Amicus-Appellant, United States of America.
Arthur H. Bryant, Trial Lawyers for Public Justice, Washington, DC, for Amicus-Appellant, Trial Lawyers for Public Justice Southern Poverty Law Center.
Before: COWEN, ROTH and LEWIS, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
COWEN, Circuit Judge.
This appeal presents the purely legal question of whether a private right of action exists under discriminatory effect regulations promulgated by federal administrative agencies pursuant to section 602 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq. The district court determined that plaintiffs-appellants Chester Residents Concerned for Quality Living ("CRCQL") could not maintain...
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