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BROWDER v. CITY OF MOAB

Nos. 04-4198, 04-4206.

427 F.3d 717 (2005)

William T. BROWDER, Plaintiff-Appellant/Cross-Appellee, v. The CITY OF MOAB; Grand County; and the Grand County Solid Waste Management Service District # 1, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

October 14, 2005.

Attorney(s) appearing for the Case

Michael A. Zody of Parsons Behle & Latimer, Salt Lake City, UT, for Plaintiff-Appellant/Cross-Appellee.

Benson L. Hathaway, Jr. (Stephen W. Geary with him on the briefs) of Kirton & McConkie, Salt Lake City, UT, for Defendants-Appellees/Cross-Appellants.

Before McCONNELL, McKAY, and TYMKOVICH, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff is a Colorado property owner whose land abuts City of Moab property containing a former Class I landfill ("Moab landfill"). Because of multiple environmental concerns regarding ownership and management of the landfill, Plaintiff brought suit pursuant to the Clean Water Act ("CWA"), the Resource Conservation Recovery Act ("RCRA"), as well as several state-law causes of action. Plaintiff sought...

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