ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS AND VACATING HEARING
WILLIAM ALSUP, District Judge.
INTRODUCTION
In this environmental action brought under the Resource Conservation and Recovery Act and the Clean Water Act, defendant moves to dismiss pursuant to FRCP 12(b)(1) and FRCP 12(b)(6). For the following reasons, defendant's motion is
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