CANNON v. GATES

No. 07-4107.

538 F.3d 1328 (2008)

F. Douglas CANNON; Margaret Louise Cannon; Allan Robert Cannon, Plaintiffs-Appellants, v. Robert M. GATES, Secretary, United States Department of Defense; United States Department of Defense; United States Department of the Army; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 26, 2008.


Attorney(s) appearing for the Case

Ronald Walter Opsahl (Joshua D. McMahon and William Perry Pendley with him on the brief), Mountain States Legal Foundation, Lakewood, CO, for Plaintiffs-Appellants.

Stacey W. Person, U.S. Department of Justice, Environment and Natural Resources Division (Ronald J. Tenpas, Acting Assistant Attorney General, Daniel Pinkston and Elizabeth A. Peterson, U.S. Department of Justice, Environment and Natural Resources Division, and Tracy Gruis, of Counsel, Office of the Chief Counsel, U.S. Army Corps of Engineers, with her on the brief), Washington, D.C., for Defendants-Appellees.

Before LUCERO, HOLLOWAY, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

Plaintiffs-Appellants F. Douglas Cannon, Allan Robert Cannon, and Margaret Louise Cannon (the "Cannons") brought suit against the Defendants-Appellees claiming two violations of the Solid Waste Disposal Act and one violation of the Administrative Procedures Act. The district court dismissed the case for lack of subject matter jurisdiction pursuant to the jurisdiction-stripping provision at 42 U.S.C. § 9613(h). We conclude that the district...

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