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NATURAL RESOURCES DEFENSE COUNCIL v. TEXACO REFINING AND MARKETING, INC.

Civil Action No. 88-263 LON.

20 F.Supp.2d 700 (1998)

NATURAL RESOURCES DEFENSE COUNCIL, INC., and Delaware Audubon Society, Plaintiffs, v. TEXACO REFINING AND MARKETING, INC., Defendant.

United States District Court, D. Delaware.

September 1, 1998.

Attorney(s) appearing for the Case

C. Scott Reese, Cooch & Taylor, Wilmington, DE, for Plaintiffs; Mitchell S. Bernard, Nancy S. Marks, Natural Resources Defense Council, Inc., of counsel.

Richard D. Allen, Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Defendant.

OPINION & ORDER

LONGOBARDI, Senior District Judge.

I. NATURE AND STAGE OF THE PROCEEDINGS

This case presents the Court with the unique opportunity to examine the interplay between constitutional principles, federal and local law, as well as significant public policy concerns. To resolve these issues, the Court must balance the economic and industrial benefits conferred on this state by defendant, and the esthetic, recreational and environmental...

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