MAINE PEOPLE'S ALLIANCE AND NAT. RESOURCES DEFENSE COUNCIL v. MALLINCKRODT

No. 05-2331.

471 F.3d 277 (2006)

MAINE PEOPLE'S ALLIANCE AND NATURAL RESOURCES DEFENSE COUNCIL, Plaintiffs, Appellees, v. MALLINCKRODT, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 22, 2006.


Attorney(s) appearing for the Case

Carter G. Phillips, with whom Joseph R. Guerra, J. Andrew Schlickman, John M. Heyde, and Sidley Austin LLP were on brief, for appellant.

Mitchell S. Bernard, with whom Nancy S. Marks, Eric J. Uhl, and Moon, Moss & Shapiro, P.A. were on brief, for appellees.

Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.


SELYA, Circuit Judge.

In the teeth of two decades of contrary precedent from four circuits, defendant-appellant Mallinckrodt, Inc. asks us to restrict the role of private citizens in the abatement of imminent and substantial threats to the environment and public health. In support of this entreaty, Mallinckrodt presents a gallimaufry of new, hitherto unconsidered arguments. After careful consideration of this asseverational array, we conclude that our sister circuits...

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