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U.S. v. COM. OF PA. DEPT. OF ENV. RESOURCES

Civ. A. No. 1:CV-89-1526.

778 F.Supp. 1328 (1991)

UNITED STATES of America, Plaintiff, v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES, Defendant.

United States District Court, M.D. Pennsylvania.

December 2, 1991.

Attorney(s) appearing for the Case

Martin C. Carlson, Asst. U.S. Atty., Harrisburg, Pa., David C. Petrone, Dept. of the Navy, Naval Facilities Engineering Command, Northern Div., Philadelphia, Pa., Carl S. Chronister and Kim Lantz Yoder, Navy Ship Parts Control Center, Mechanicsburg, Pa., Nancy Dougherty-Glazier, Office of Gen. Counsel, Litigation Office, Dept. of the Navy, Thomas R. Bartman, Land & Natural Resources Div., Environmental Defense Section, U.S. Dept. of Justice, Barry M. Hartman, John Copeland Nagle, U.S. Dept. of Justice, Environ. & Natural Resources Div., Environmental Defense Section, Washington, D.C., for plaintiff.

David H. Wersan, Harrisburg, Pa., for defendant.

MEMORANDUM

CALDWELL, District Judge.

I. Introduction.

On October 23, 1989, plaintiff, The United States of America, filed this action for declaratory and injunctive relief against defendant, The Pennsylvania Department of Environmental Resources (DER), seeking a ruling on the ground of sovereign immunity that the DER could not exercise jurisdiction over a contaminated drainageway located at a federal facility, the Navy Ships Parts Control...

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