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ACME FILL CORP. v. REILLY

No. C-89-3070 MHP.

735 F.Supp. 353 (1990)

ACME FILL CORP., Plaintiff, v. William REILLY, Administrator, U.S. Environmental Protection Agency (EPA), a Federal Agency of the Executive Branch; the State of California Department of Health Services Toxic Substances Control Division; Kenneth Kizer, M.D., MPH, Director, State Department of Health Services, Defendants.

United States District Court, N.D. California.

March 28, 1990.

Attorney(s) appearing for the Case

Scott W. Gordon, Titchell, Maltzman, Mark, Bass, Ohleyer & Mishel, San Francisco, Cal., for plaintiff.

Margarita Padilla, Deputy Atty. Gen., Oakland, Cal., for State of Cal. Dept. of Health Services, Kizer.

Kaye A. Allison, Atty., U.S. Dept. of Justice, Environmental Defense Section, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

PATEL, District Judge.

Plaintiff, Acme Fill Corp. ("Acme"), owner and operator of a landfill facility, filed a petition for judicial review of a closure plan approved by defendants, the United States Environmental Protection Agency ("EPA"), and the California Department of Health Services ("CDHS"). Plaintiff alleges that this court has federal question jurisdiction over both defendants. CDHS and Acme are now before the court on CDHS...

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