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MAYAGUEZANOS POR LA SALUD Y EL AMBIENTE v. U.S.

No. 99-1412.

198 F.3d 297 (1999)

MAYAGUEZANOS POR LA SALUD Y EL AMBIENTE, et al., Plaintiffs, Appellants, v. UNITED STATES of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 20, 1999.

Attorney(s) appearing for the Case

Juan A. Giusti-Cordero, with whom Pedro J. Varela-Fernandez was on brief, for appellants.

Sean H. Donahue, Attorney, Environmental and Natural Resources Division, U.S. Department of Justice, with whom Janet Masters, Trial Attorney, Office of General Counsel, U.S. Department of Energy; Horst Greczmiel, Office of Environmental Law, United States Coast Guard; James F. Simon, Acting Assistant Attorney General, Environmental and Natural Resources Division, U.S. Department of Justice; Guillermo Gil, United States Attorney, Isabel Munoz Acosta, Assistant United States Attorney; Ellen Durkee, John T. Stahr, and Stephen G. Bartell, Attorneys, U.S. Department of Justice, were on brief, for appellees.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and O'TOOLE, District Judge.

LYNCH, Circuit Judge.

On February 3, 1998, the Pacific Swan, a British-flag freighter carrying a cargo of vitrified high-level nuclear waste, passed through the Mona Passage, a stretch of seas between the islands of Puerto Rico and Hispaniola. It was bound for Japan, by way of the Panama Canal, from France. A day earlier, a group of fishermen and environmental organizations from western Puerto Rico, fearing an accident or maritime disaster, brought this action for...

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