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FREY v. E.P.A.

No. 03-3877.

403 F.3d 828 (2005)

Sarah E. FREY, Kevin Enright, and Protect Our Woods, Inc., Plaintiffs-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, Stephen L. Johnson, Acting Administrator, and Viacom, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 2005.

Attorney(s) appearing for the Case

Rudolph W. Savich, Mick G. Harrison (argued), Bloomington, IN, for Plaintiffs-Appellants.

Anna T. Katselas (argued), Department of Justice Environment & Natural Resources Division, Washington, DC, David B. Hird, Weil Gotshal & Manges, Washington, DC, for Defendants-Appellees.

Before EASTERBROOK, WOOD, and WILLIAMS, Circuit Judges.

WOOD, Circuit Judge.

In this successive appeal, we confront another chapter in the long history of certain Superfund sites located near Bloomington, Indiana. The sites are contaminated with polychlorinated biphenyls (PCBs), dioxin, and other toxic chemicals. Sarah Frey, Kevin Enright, and the organization Protect Our Woods (to whom we refer collectively as "Frey") are before us once again, trying to invoke the citizen suit provision of the Comprehensive Environmental...

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