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U.S. ECOLOGY, INC. v. CARLSON

No. 84-3387.

638 F.Supp. 513 (1986)

U.S. ECOLOGY, INC., Plaintiff, v. Richard J. CARLSON, Individually and as Director of the Illinois Environmental Protection Agency; Delbert Haschemeyer, Individually and as Deputy Director of the Illinois Environmental Protection Agency; Robert Kuykendall, Individually and as Manager of the Division of Land Pollution Control of the Illinois Environmental Protection Agency; Other Unnamed Officers, Agents, and Employees of the Illinois Environmental Protection Agency, each of them both individually and in their official capacity; United States Environmental Protection Agency; William D. Ruckelshaus, Individually and as Administrator of the United States Environmental Protection Agency; Valdas V. Adamkus, Individually and as Administrator of Region V of the United States Environmental Protection Agency; Other Unnamed Officers, Agents, and Employees of the United States Environmental Protection Agency, each of them both individually and in their official capacity; Ecology Environment, Inc., a corporation, Defendants.

United States District Court, C.D. Illinois, Danville Division.

April 28, 1986.

Attorney(s) appearing for the Case

Lathan & Watkins, Chicago, Ill., for plaintiff.

James A. Lewis, Asst. U.S. Atty., Springfield, Ill., Michael W. Steinberg, Atty. Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., William Seltzer, Illinois E.P.A., Greig R. Siedor, Asst. Atty. Gen., Environmental Control Div., Springfield, Ill., Edmund B. Moran, Jr., Asst. Atty. Gen., Environmental Control Div., Chicago, Ill., Gross, Shuman, Brizdle, Laub & Gilfillan, P.C., Buffalo, N.Y., Sturm & Levins, Springfield, Ill., Ellen Siegler, Office of Gen. Counsel, U.S. E.P.A., Washington, D.C., for defendants.

ORDER

BAKER, Chief Judge.

Magistrate Charles H. Evans' recommendation for dismissal of all counts of the complaint against all the defendants is pending before this court.

OUTLINE OF RELEVANT ENVIRONMENTAL STATUTES AND REGULATIONS

Before proceeding to the particular facts of this case, a brief summary of the federal regulation of hazardous waste sites relevant to this litigation is necessary. In 1980, Congress enacted the Comprehensive...

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