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SIERRA CLUB v. JOHNSON

No. 06 C 4000.

500 F.Supp.2d 936 (2007)

SIERRA CLUB and American Bottom Conservancy, Plaintiffs, v. Stephen L. JOHNSON, in his official capacity as Administrator, United States Environmental Protection Agency, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

May 21, 2007.

Attorney(s) appearing for the Case

David C. Bender, Garvey McNeil & McGillivray, Madison, WI, Bruce Edward Niles, Sierra Club, Chicago, IL, for Plaintiffs.

Heather Elizabeth Gange, U.S. Department of Justice, Washington, DC, AUSA, United States Attorney's Office, NDIL, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

This case is before the court on the motion of the defendant Stephen L. Johnson, Administrator of the United States Environmental Protection Agency ("Administrator"), to dismiss plaintiffs Sierra Club and American Bottom Conservancy's complaint for lack of subject matter jurisdiction and for failure to state a claim, pursuant to FED.R.Civ.P. 12(b)(1) and 12(b)(6).

The Plaintiffs brought...

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