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SIERRA CLUB, INC. v. LEAVITT

No. 4:04-CV-120-SPM.

393 F.Supp.2d 1263 (2005)

SIERRA CLUB, INC.; Florida Public Interest Research Group Citizen Lobby, Inc.; and Save Our Suwannee, Inc., Plaintiffs, v. Michael O. LEAVITT, in his capacity as Administrator of the United States Environmental Protection Agency; Jimmy Palmer, in his official capacity as Regional Administrator of the United States Environmental Protection Agency, Region 4; and the United States Environmental Protection Agency, Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

May 31, 2005.

Attorney(s) appearing for the Case

David Alan Ludder, Legal Environmental Asst Foundation Inc, Tallahassee, FL, Eric E. Huber, Sierra Club, Boulder, CO, James Robert May, James M. Stuhltrager, Jennifer Alexis Murphy, Mid Atlantic Environmental Law Cntr, Wilmington, DE, for Plaintiffs.

Tara S. McBrien, Martha Collins Mann, United States Department of Justice, Washington, DC, E. Bryan Wilson, US Attorney, Robert Del Stinson, Tallahassee, FL, for Defendants.

ORDER ON SUMMARY JUDGMENT

MICKLE, District Judge.

THIS CAUSE comes before the Court upon the cross-motions for summary judgment filed by Plaintiffs (doc. 58) and Defendants (doc. 76), as well as all supporting materials. The Court has carefully reviewed the administrative record certified to this Court by the parties (doc. 24) as well as those portions of the supplemental record not objected to by Defendant EPA.

FACTUAL BACKGROUND...

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