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AL TECH SPECIALTY STEEL CORPORATION v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Civ. A. No. 86-CV-520.

674 F.Supp. 72 (1987)

AL TECH SPECIALTY STEEL CORPORATION, Plaintiff, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and the New York State Department of Environmental Conservation, Defendants.

United States District Court, N.D. New York.

November 25, 1987.

Attorney(s) appearing for the Case

Paul R. Braunsdorf, Harris, Beach, Wilcox, Rubin & Levey, Rochester, N.Y., for plaintiff.

U.S. Dept. of Justice, Lands Div., Environmental Enforcement Section, Washington, D.C., Beth S. Ginsberg, for U.S.E.P.A.

Robert Abrams, Atty. Gen., Albany, N.Y., Michael J. Moore, for NYS Dept. of Environmental Conser.

Peter Sullivan, A.A.G., Buffalo, N.Y., for NYS Dept. of E.C.

ORDER

McAVOY, District Judge.

This matter came on before the Court for hearing on cross motions for summary judgment. The Court having carefully reviewed the parties' written submissions and having heard oral argument, concludes as follows:

The surface impoundment at AL Tech's Watervliet plant actively stores leachate that has been determined to be hazardous. The hazardous content of the leachate is undisputed as it is derived from emission control...

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