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SLINGER DRAINAGE, INC. v. E.P.A.

No. 99-1433.

237 F.3d 681 (2001)

SLINGER DRAINAGE, INC., Petitioner, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 2001.

Attorney(s) appearing for the Case

Gary R. Leistico argued the cause and filed the briefs for petitioner.

Scott J. Jordan, Attorney, United States Department of Justice, argued the cause for respondent. With him on the brief was Lois J. Schiffer, Assistant Attorney General.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Chief Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Slinger Drainage Inc. ("Slinger") seeks review of a final decision of the Environmental Protection Agency's ("EPA's") Environmental Appeals Board. Slinger is in the business of installing drainage tile, and in this capacity used a Hoes Trenching Machine to install 26,000 linear feet of drainage tile over a 50-acre area. As a result, the EPA filed an administrative complaint...

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