NATURAL RESOURCES DEFENSE COUNCIL v. U.S.E.P.A.

Civ. A. Nos. 3:91CV00058, 3:91CV00165.

770 F.Supp. 1093 (1991)

NATURAL RESOURCES DEFENSE COUNCIL, INC., et al., Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 17, 1991.


Attorney(s) appearing for the Case

David Sanburg Bailey, Richmond, Va., for Natural Resources Defense Council, Inc., et al.

Robert William Jaspen, U.S. Attorney's Office, Richmond, Va., for U.S.E.P.A., Edwin B. Erickson and William Reilly.

Manning Gasch, Jr., Joseph Marvin Spivey, III, Hunton & Williams, Richmond, Va., for Westvaco Corp., Chesapeake Corp. and Union Camp Corp.

David Ellis Evans, McGuire, Woods, Battle & Boothe, Richmond, Va., for American Paper Institute, Inc.

J. Joseph Curran, Jr., Denise Ferguson-Southard, Neile Sue Friedman, Baltimore, Md., for State of Md., Dept. of Environment.

Thomas R. Long, Richard L. Schmalz, New York City, for Westvaco Corp.

Russell S. Frye, Chadbourne & Parke, Matthew Van Hook, Washington, D.C., for American Paper Institute, Inc.

J.P. Causey, Jr., Richmond, Va., for Chesapeake Corp.

Edward C. Minor, Franklin, Va., for Union Camp Corp.

Jon M. Lipshultz, Greer S. Goldman, U.S. Dept. of Justice, Environment and Natural Resources Div., Environmental Defense Section, Roland Dubois, Office of Gen. Counsel, U.S.E.P.A., Washington, D.C., Elizabeth Lukens, Office of Regional Counsel, U.S.E.P.A., Philadelphia, Pa., for defendants.

Robert W. Adler, Jessica C. Landman, Natural Resources Defense Council, Washington, D.C., for plaintiffs.


MEMORANDUM AND ORDER

SPENCER, District Judge.

Defendants seek partial dismissal of this suit under the Clean Water Act ("CWA"). Plaintiffs oppose this, and also seek to amend three paragraphs of their complaint, which defendants oppose in part. For the reasons that follow, the defendants' motion is GRANTED, and the plaintiffs' motion is GRANTED in part; the parties shall have an additional opportunity to further brief the propriety of part of the amended...

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