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HAYES v. BROWNER

Nos. 97-CV-1090-BU, 99-CV-20-BU.

117 F.Supp.2d 1182 (2000)

Dr. Mark HAYES, et al., Plaintiffs, v. Carol M. BROWNER, in her capacity as Administrator of the United States Environmental Protection Agency; et al., Defendants. Oklahoma Wildlife Federation, an Oklahoma non-profit corporation, et al., Plaintiffs, v. Carol M. Browner, in her capacity as Administrator of the United States Environmental Protection Agency; et al., Defendants.

United States District Court, N.D. Oklahoma.

March 31, 2000.

Attorney(s) appearing for the Case

Charles William Shipley, Jamie Taylor Boyd, Blake K Champlin, Shipley Jennings & Champlin, Tulsa, OK, Gerald Lynn Hilsher, Stoops Clancy & Hilsher, Tulsa, OK, for Mark Hayes, Ed Brocksmith, Oklahoma Wildlife Federation, Save the Illinois River, Inc.

Phil Pinnell, United States Attorney, Tulsa, OK, George Malone, III, U.S. Environmental Protection Agency, Office of Regional Counsel, Region VI, Dallas, TX, Michael G. Lee, U.S. Environmental Protection Agency, Office of Enforcement, Washington, DC, Eric G. Hostetler, U.S. Dept of Justice, Environment & Nat Res Div, Washington, DC, for Environmental Protection Agency, Carol M. Browner, Jane Saginaw, Gregg A. Cooke, Jane Saginaw, Carol M. Browner.

ORDER

BURRAGE, District Judge.

On January 26, 2000, United States Magistrate Judge Sam A. Joyner issued a Report and Recommendation, wherein he recommended that Plaintiffs' motion for summary judgment be denied and that Defendants' cross-motion for summary judgment be granted. In the Report and Recommendation, Magistrate Judge Joyner found that based upon the record before him, the State of Oklahoma had submitted and the Environmental Protection Agency...

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