CHEMICAL MFRS. ASS'N v. E.P.A.

No. CIV. A. 98-1255-LFO.

26 F.Supp.2d 180 (1998)

CHEMICAL MANUFACTURERS ASSOCIATION, et al., Plaintiffs, v. ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants, and American Communities For Cleanup Equity, et al., Defendants-Intervenors.

United States District Court, District of Columbia.

November 16, 1998.


Attorney(s) appearing for the Case

Michael W. Steinberg, Joshua D. Sarnoff, Morgan, Lewis & Bockius LLP, Washington, DC, for Plaintiffs.

David F. Zoll, Alexandra Dapolito Dunn, Chemical Mfrs. Ass'n, Arlington, VA, for Plaintiff Chemical Mfrs. Ass'n.

Phillip D. Brady, General Counsel, Julie C. Becker, Senior Atty., American Automobile Mfrs. Ass'n, Washington, DC, for Plaintiff American Automobile Mfrs. Ass'n.

G. William Frick, Susan M. Schmedes, American Petroleum Inst., Washington, DC, for Plaintiff American Petroleum Inst.

David Isaacs, Director of Envt'l Aff. and Deputy General Counsel, Electronic Industries Alliance, Arlington, VA, for Plaintiff Electronic Industries Alliance.

Jan Amundson, General Counsel, National Association of Manufacturers, Washington, DC, for Plaintiff Nat. Ass'n of Mfrs.

Robin S. Conrad, National Chamber Litigation Center, Washington, DC, for Plaintiff Chamber of Commerce of U.S.

Martin F. McDermott, Eric G. Hostetler, Jackie Wilson, U.S. Dept. of Justice, Environment & Nat. Resources Div., Environmental Defense Section, Washington, DC, Lisa K. Friedman, Alexander Schmandt, Office of General Counsel, U.S. Environmental Protection Agency, Washington, DC, for Defendant U.S.E.P.A.


MEMORANDUM

OBERDORFER, District Judge.

Plaintiffs, five trade associations and the U.S. Chamber of Commerce, challenge an Environmental Protection Agency ("EPA") document, published in the Federal Register, that concerns settlements at municipal solid waste co-disposal sites. Pending for consideration is defendants' motion to dismiss for lack of subject matter jurisdiction, non-justiciability, and failure to state a claim upon which relief can be...

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