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INTERFAITH COMMUNITY ORGAN. v. HONEYWELL INTERN.

Nos. 03-2760, 03-3037, 03-3585.

399 F.3d 248 (2005)

INTERFAITH COMMUNITY ORGANIZATION; Lawrence Baker; Martha Webb Herring; Margaret Webb; Rev. Winston Clarke; Margarita Navas, v. HONEYWELL INTERNATIONAL, INC. formerly known as Alliedsignal, Inc.; Roned Realty of Jersey City, Inc.; Roned Realty of Union City, Inc; W.R. Grace & Company; Ecarg, Inc; W.R. Grace, Ltd. W.R. Grace & Company; Ecarg, Inc; W.R. Grace, Ltd., Defendants/Third-Party Plaintiffs, v. Heller-Jersey City, L.L.C.; Home Depot, U.S.A.; Seaman Furniture Company, Inc. Third Party Defendants. Hackensack Riverkeeper, Inc.; William Sheehan, v. Honeywell International, Inc. formerly known as Alliedsignal, Inc; Roned Realty of Jersey City, Inc.; Roned Realty of Union City, Inc.; W.R. Grace, Ltd. Honeywell International, Inc., Appellant.

United States Court of Appeals, Third Circuit.

February 18, 2005.

Attorney(s) appearing for the Case

Richard G. Taranto, (Argued), Farr & Taranto, Washington, Thomas H. Milch, Mary Gabrielle Sprague, Arnold & Porter LLP, Washington, David W. Field, Lowenstein Sandler, PC, Roseland, for Appellants.

Bruce J. Terris, Kathleen L. Millian, (Argued), Lemuel B. Thomas, Terris, Pravlik & Millian, LLP, Washington, Edward Lloyd, Columbia University School of Laws, New York, for Appellees.

Michael W. Steinberg, Morgan, Lewis & Bockius, LLP, Washington, for Amicus-Appellant.

Jeffrey J. Brookner, Wilentz, Goldman & Spitzer, Woodbridge, for Amicus-Appellee.

Before AMBRO, VAN ANTWERPEN, and STAPLETON, Circuit Judges.

AMBRO, Circuit Judge, concurring.

OPINION OF THE COURT

VAN ANTWERPEN, Circuit Judge.

Appellant Honeywell International, Inc. challenges an injunction entered against it after the District Court found it had violated the citizen suit provision of the Resource Conservation and Recovery Act, ("RCRA"), 42 U.S.C. § 6972(a)(1)(B). The District Court had jurisdiction over this claim pursuant to 42 U.S.C. § 6972. We have jurisdiction over Honeywell...

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