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CWWG v. U.S. DEPT. OF THE ARMY

No. 96-4166.

111 F.3d 1485 (1997)

CHEMICAL WEAPONS WORKING GROUP, INC. (CWWG); Sierra Club; and Vietnam Veterans of America Foundation, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF THE ARMY; United States Department of Defense; and EG & G Defense Material, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 22, 1997.

Attorney(s) appearing for the Case

Richard E. Condit (Mick G. Harrison, GreenLaw, Berea, KY; Randall M. Weiner, Ecological Consultants for the Public Interest, Boulder, CO; Robert Ukeiley; R. Paul Van Dam, Jones, Waldo, Holbrook & McDonough, Salt Lake City, UT, with him on the briefs), GreenLaw, Berea, KY, for Plaintiffs-Appellants.

Craig D. Galli (David W. Tundermann with him on the brief), Parsons Behle & Latimer, Salt Lake City, UT, for the Defendant-Appellee EG & G Defense Material, Inc.

Peter A. Appel (Edward J. Shawaker, Alan D. Greenberg, Robert H. Foster, Charles W. Findlay, Lisa Ann Holden, and Robert L. Klarquist, Department of Justice, Scott M. Matheson, Jr., United States Attorney; Stephen Roth, Assistant United States Attorney; Lois J. Schiffer, Assistant Attorney General, with him on the brief), Department of Justice, Washington, D.C., for Defendants-Appellees United States Department of the Army and United States Department of Defense.

Before PORFILIO, EBEL and HENRY, Circuit Judges.

JOHN C. PORFILIO, Circuit Judge.

In this appeal, Appellants Chemical Weapons Working Group, Inc., Sierra Club, and Vietnam Veterans of America Foundation (Plaintiffs) argue that the district court erred in denying their request for a preliminary injunction and in dismissing their claims under the Clean Water Act, Resource Conservation and Recovery Act, 1986 Department of Defense Authorization Act, and Administrative Procedures Act. Finding none of their arguments...

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