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PAMLICO-TAR RIVER FOUNDATION v. U.S. ARMY CORPS OF ENGINEERS

No. 4:02-CV-53-H(4).

329 F.Supp.2d 600 (2004)

PAMLICO-TAR RIVER FOUNDATION, Plaintiff, v. U.S. ARMY CORPS OF ENGINEERS; Colonel James Deloney, U.S. Army Corps of Engineers, Wilmington District; LT. General Robert B. Flowers, U.S. Army Corps of Engineers; United States Environmental Protection Agency; Jimmy Palmer, Regional Administrator, Region IV, U.S. EPA, Mike Leavitt, Administrator, U.S. EPA; and PCS Phosphate Company, Inc., Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

August 6, 2004.

Attorney(s) appearing for the Case

Derb S. Carter, Chapel Hill, NC, for Pamlico-Tar River Foundation, plaintiff.

R.A. Renfer, Jr., Asst. U.S. Attorney, Office of U.S. Attorney, Raleigh, NC, George William House, Brooks, Pierce, McLendon, Humphrey & Leonard, V. Randall Tinsley, Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, NC, for U.S. Army Corps of Engineers, James Deloney, Colonel, U.S. Army Corps of Engineers, Wilmington District, Robert B. Flowers, Lt. General, U.S. Army Corps of Engineers, United States Environmental Protection Agency, Jimmy Palmer, Regional Administrator, Region IV, U.S. EPA, Christine. Whitman, Administrator, U.S. EPA, PCS Phosphate Company, Incorporated, defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on plaintiff's motion for summary judgment, defendant PCS Phosphate Company, Inc's. ("PCS") motion for summary judgment, and federal defendants1' motion for summary judgment. Responses and replies have been filed. Also before the court is plaintiff's motion to amend the scheduling order and to supplement the...

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