CHEMICAL WEAPONS WORKING GP. v. U.S. DEPT. OF ARMY

Civil No. 2:96-CV-425C.

963 F.Supp. 1083 (1997)

CHEMICAL WEAPONS WORKING GROUP, INC., et al., Plaintiffs, v. UNITED STATES DEPARTMENT of THE ARMY, et al., Defendants.

United States District Court, D. Utah, Central Division.

March 24, 1997.


Attorney(s) appearing for the Case

Mick G. Harrison, Robert Ukeiley, Greenlaw, Inc., Bloomington, IN, Robert Guild, Columbia, SC, Richard Condit, Washington, DC, Paul Van Dam, Jones, Waldo, Holbrook & McDonough, Salt lake City, UT, Randall M. Weiner, Land and Water Fund of the Rockies, Boulder, CO, for plaintiffs.

Alan David Greenberg, Robert H. Foster, U.S. Department of Justice, Environmental Defense Section, Denver, CO, Lisa Ann Holden, U.S. Department of Justice, Environmental & Natural Resources Division, General Litigation Section, Washington, D.C., Stephen L. Roth, Assistant U.S. Attorney, U.S. Attorney's Office, District of Utah, Salt lake City, UT, LTC Robert M. Lewis, Maj. David Mayfield, CPT Michael E. Mulligan, Gerald P. Kohns, Environmental Law Division, Office of the Judge Advocate General, Department of Army, Washington, DC, for Department of the Army and Department of Defense.

David W. Tundermann, Craig D. Galli, Michael A. Zody, Parsons, Behle, & Latimer, Salt Lake City, UT, for EG&G Defense Materials, Inc.

Laura Lockhart, Assistant Attorney General, Office of the Utah Attorney General, Raymond Wixom, Staff Attorney, Utah Division of Solid and Hazardous Waste, special appearances for Utah Division of Solid and Hazardous Waste, Department of Environmental Quality.


MEMORANDUM DECISION AND ORDER

CAMPBELL, District Judge.

This matter is before the court on plaintiffs' second motion for preliminary injunctive relief to enjoin defendants from incinerating chemical warfare agent at the Tooele Chemical Agent Disposal Facility (TOCDF). Plaintiffs claim that "new" evidence, that is, evidence discovered after the conclusion of hearings on plaintiffs' first motion for preliminary injunctive relief, demonstrates that continued...

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