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STATE OF ALABAMA v. U.S.E.P.A.

Civ. A. No. 88V-987-N.

711 F.Supp. 574 (1988)

STATE OF ALABAMA, etc.; et al., Plaintiffs, v. The UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; et al., Defendants, Chemical Waste Management, Inc.; et al., Intervenors.

United States District Court, M.D. Alabama, N.D.

December 15, 1988.

Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., State of Ala., pro se and for plaintiffs.

R. Craig Kneisel, Robert D. Tambling, Asst. Attys. Gen., Office of the Atty. Gen., Montgomery, Ala., Edward S. Allen, Marshall Timberlake, John P. Scott, Jr., Marrtha F. Petrey, Balch & Bingham, Birmingham, Ala., and David R. Boyd, Balch & Bingham, Montgomery, Ala., for plaintiffs.

Bradley S. Bridgewater, Atty., U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., Fournier J. Gale, III, H. Thomas Wells, Jr., Alfred F. Smith, Jr., Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., and Roger C. Zehtner and Therese M. Yasdick, Chemical Waste Management, Inc., Oak Brook, Ill., for intervenor Chemical Waste.

Jim Mattox, Atty. Gen., State of Tex., Mary F. Keller, First Asst. Atty. Gen., Lou McCreary, Executive Asst. Atty. Gen., Nancy N. Lynch, and John R. Carter, Asst. Attys. Gen., Austin, Tex., for intervenor State of Tex.

OPINION

VARNER, District Judge.

This cause is submitted on Plaintiffs' Motion for Partial Summary Judgment filed herein October 31, 1988, and on all the materials filed in support of or in opposition to said motion.

This case involves the proposed shipment of 47,000 tons of contaminated soil from Geneva, Texas, to Emelle, Alabama. The pertinent facts of this case were extensively set out in this Court's Memorandum Opinion and Order dated October...

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