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AMERICAN CANOE ASS'N, INC. v. U.S. E.P.A.

No. 98-979-A.

30 F.Supp.2d 908 (1998)

AMERICAN CANOE ASSOCIATION, INC. and American Littoral Society, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

December 18, 1998.

Attorney(s) appearing for the Case

Dale R. Schmidt, Alexandria, VA, for Plaintiffs.

Sharon L. Parrish, Assistant U.S. Attorney, Alexandria, VA, for Defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiffs in this suit assert that the Clean Water Act (CWA) and the Endangered Species Act (ESA), in conjunction with the Administrative Procedure Act (APA), impose various nondiscretionary and discretionary duties on the United States Environmental Protection Agency (EPA) and that EPA has failed to perform these duties. In its Rule 12(b)(6), Fed.R.Civ.P., threshold dismissal motion, EPA, joined by intervenor,...

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