BROWARD GARDENS TENANTS ASS'N v. U.S. E.P.A.

No. 01-15117.

311 F.3d 1066 (2002)

BROWARD GARDENS TENANTS ASSOCIATION, Bernard Holmes, Lillard Holmes, Betty Joyce Torrence, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Christine Todd Whitman, in her official capacity as Administrator of the United States Environmental Protection Agency, Carol M. Browner, individually, John Hankinson, individually and in his official capacity as Regional Director, Region IV, of the United States Environmental Protection Agency, City of Fort Lauderdale, a municipality, United States Department of Housing and Urban Development, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 5, 2002.


Attorney(s) appearing for the Case

Sharon Bourassa-Diaz, Legal Aid Service of Broward Cty. Inc., Fort Lauderdale, FL, for Plaintiffs-Appellants.

Todd Kim, U.S. Dept. of Justice, ENRD-Appellate Section, Washington, DC, William Middleton Droze, Hollister Anne Hill, Troutman Sanders LLP, Atlanta, GA, Anne R. Schultz, Miami, FL, Michael John Pawelczyk, Fort Lauderdale, FL, for Defendants-Appellees.

Before CARNES, HILL and KRAVITCH, Circuit Judges.


CARNES, Circuit Judge:

This case involves the cleanup of the Wingate Superfund Site, a sixty acre stretch of land that became contaminated with hazardous waste as a result of the City of Ft. Lauderdale's operation of a landfill and incinerators on the property. The Broward Gardens housing complex, situated about one-fourth of a mile from the Wingate site, was constructed during the City's operation of the landfill. After the City and other parties implemented a cleanup...

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