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APPLETON PAPERS, INC. v. E.P.A.

No. 12-2273.

702 F.3d 1018 (2012)

APPLETON PAPERS, INC., Plaintiff-Appellant, v. ENVIRONMENTAL PROTECTION AGENCY, and United States Department of Justice Environment and Natural Resources Division, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 26, 2012.

Attorney(s) appearing for the Case

Heidi Davidson Melzer , Attorney, Green Bay, WI, Megan A. Senatori (argued), Attorney, Dewitt Ross & Stevens S.C., Madison, WI, for Plaintiff-Appellant.

Adam C. Jed (argued), Mark B. Stern , Attorneys, Department of Justice, Civil Division, Appellate Staff, Washington, DC, Christian R. Larsen , Office of the United States Attorney, Milwaukee, WI, for Defendants-Appellees.

Before FLAUM, MANION, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

After the government alleged Appleton Papers Inc. ("API") and seven other companies caused $1 billion in contamination in the Fox River near Green Bay, Wisconsin, the government hired a consultant that prepared reports on the companies' responsibility for the contamination. API unsuccessfully sought discovery of these reports by challenging a consent decree between the government and another company.

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