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BURNETTE v. CAROTHERS

Docket Nos. 98-7835, 98-9003.

192 F.3d 52 (1999)

Marie G. BURNETTE, Ralph G. Burnette, Jr., Plaintiffs-Appellants, Brian E. Burnette, A Minor, by his parents and next friends, Ralph & Marie Burnette, et al., Plaintiffs, v. Leslie CAROTHERS, Environmental Protection Department of Connecticut, Consolidated-Defendants-Appellees, Arthur J. Rocque, Jr., Commissioner Environmental Protection, Lowell P. Weicker, Jr., Governor, Bruce L. Morris, CT Dept. of Public Works, Larry Meachum, Commissioner Official Capacity, CT Dept. of Corrections, State of Connecticut, John G. Rowland, Governor, Theodore R. Anson, Commissioner, John J. Armstrong, Commissioner, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 13, 1999.

Attorney(s) appearing for the Case

Ralph G. Burnette, Jr., and Marie G. Burnette, pro se, Somers, Connecticut, for Plaintiffs-Appellants.

Robert D. Snook, Assistant Attorney General (Richard Blumenthal, Attorney General of Connecticut, of counsel), Hartford, Connecticut, for Defendants-Appellees Lowell P. Weicker, Jr., Governor, Bruce L. Morris, CT Dept. of Public Works, Larry Meachum, Commissioner Official Capacity, CT Dept. of Corrections, State of Connecticut, John G. Rowland, Governor, Theodore R. Anson, Commissioner, John J. Armstrong, Commissioner.

Robert B. Teitelman, Assistant Attorney General (Richard Blumenthal, Attorney General of Connecticut, of counsel), Hartford, Connecticut, for Defendants-Appellees Leslie Carothers, Environmental Protection Department of Connecticut, and Arthur J. Rocque, Jr., Commissioner Environmental Protection.

Before: WINTER, Chief Judge, NEWMAN, and SOTOMAYOR, Circuit Judges.

WINTER, Chief Judge:

This is an appeal from the dismissal of a citizen enforcement action brought pursuant to the citizen suit provisions of the Clean Water Act ("CWA"), 33 U.S.C. § 1365, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6972, and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9659, as amended by the Superfund Amendments and Reauthorization Act of 1986, Pub.L. No. 99-499...

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