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KASZA v. BROWNER

Nos. 96-15535, 96-15537, 96-16047, 96-16892, 96-16895, 96-16930 and 96-16933.

133 F.3d 1159 (1998)

Stella KASZA and John Does, Plaintiffs-Appellants, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency, Defendant-Appellee. Stella KASZA and John Does, Plaintiffs-Appellants/Cross-Appellees, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency, Defendant-Appellee/Cross-Appellant. Helen FROST; John Does, Plaintiffs-Appellants, v. William PERRY, Secretary of United States Department of Defense; Anthony Lake; Sheila Widnall, Defendants-Appellees. Helen FROST; John Does, Plaintiffs-Appellants, v. William J. PERRY, Secretary of United States Department of Defense; Anthony Lake; Sheila Widnall, Defendants-Appellees. Stella KASZA and John Does, Plaintiffs-Appellants, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency, Defendant-Appellee. Stella KASZA and John Does, Plaintiffs-Appellants, v. Carol M. BROWNER, Administrator, United States Environmental Protection Agency, Defendant-Appellee. Helen FROST; John Does, Plaintiffs-Appellants, v. William J. PERRY, Secretary of United States Department of Defense; Anthony Lake; Sheila Widnall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 8, 1998.

Attorney(s) appearing for the Case

Jonathan Turley and Joan Manley, George Washington University, Washington, DC, for plaintiffs-appellants.

J. Carol Williams, James C. Kilbourne, and Robert L. Klarquist, Department of Justice, Washington, DC, for defendants-appellees.

Kevin D. Doty, Lionel Sawyer & Collins, Las Vegas, Nevada, for amicus KLAS, Inc.

Before: WOOD, Jr., RYMER, and TASHIMA, Circuit Judges.

Opinion by Judge RYMER; Concurrence by Judge TASHIMA.

RYMER, Circuit Judge:

Former workers at a classified facility operated by the United States Air Force1 brought citizen suits under the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6972, against the Air Force (Frost v. Perry) and the Environmental Protection Agency (Kasza v. Browner), alleging RCRA violations and seeking to compel compliance...

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