MEMORANDUM OPINION
FLANNERY, District Judge.
This matter comes before the court on the defendant's motion to dismiss or, in the alternative, for summary judgment and on the plaintiff's cross-motion for summary judgment. The plaintiff National Association of Recycling Industries, Inc. (NARI), a trade association of approximately 1100 firms engaged in collecting, processing, and marketing recyclable metals, paper, textiles, and rubber, sues the Secretary of...
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