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ROYSTER-CLARK AGRIBUSINESS, INC. v. JOHNSON

No. CIV.A.05-0122 ESH.

391 F.Supp.2d 21 (2005)

ROYSTER-CLARK AGRIBUSINESS, INC. and Royster-Clark, Inc., Plaintiffs, v. Stephen L. JOHNSON, Administrator, United States Environmental Protection Agency, Defendant.

United States District Court, District of Columbia.

August 29, 2005.

Attorney(s) appearing for the Case

Matthew David Schwartz, Ryan Kenneth Manger, Thompson Coburn, LLP, Washington, DC, Joseph M. Kellmeyer, Stephen G. Jeffery, Thompson Coburn LLP, St. Louis, MO, for Plaintiffs.

Jessica O'Donnell, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM OPINION

HUVELLE, District Judge.

Plaintiffs seek a declaration that defendant has acted in excess of his statutory authority by issuing a Notice of Violation ("NOV") of the Clean Air Act ("CAA"), 42 U.S.C. § 7401, et seq., and an injunction to prevent defendant from instituting "any civil, administrative, or legal action or proceeding of any sort, in any forum, arising out...

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