KIMBERLY-CLARK v. DELAWARE COUNTY REGIONAL WATER

Civil Action No. 07-2688.

527 F.Supp.2d 430 (2007)

KIMBERLY-CLARK PENNSYLVANIA, LLC, a Delaware Limited Liability Company v. DELAWARE COUNTY REGIONAL WATER QUALITY CONTROL AUTHORITY, a Pennsylvania Municipal Authority.

United States District Court, E.D. Pennsylvania.

December 20, 2007.


Attorney(s) appearing for the Case

Bonnie Allyn Barnett, Sarah S. McInnes, Drinker, Biddle & Reath, Philadelphia, PA, David M. Stahl, Reeghan W. Raffals, Eimer, Stahl, Klevorn & Solberg, LLP, Chicago, IL, for Kimberly-Clark Pennsylvania, LLC, a Delaware Limited Liability Company.

Francis X. Crowley, Blank, Rome, Comisky & McCauley, LLP, Philadelphia, PA, for Delaware County Regional Water Quality Control Authority, a Pennsylvania Municipal Authority.


MEMORANDUM OPINION

SAVAGE, District Judge.

In this declaratory judgment action implicating principles of abstention and ripeness, the questions are whether the federal court should abstain from determining the same issue that is pending in a state administrative proceeding, and whether a similar claim that the state agency is still considering is ripe for judicial review. Before answering those...

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