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COALITION FOR HEALTH CONCERN v. LWD, INC.

Civ. A. No. C92-0297-P(J).

834 F.Supp. 953 (1993)

COALITION FOR HEALTH CONCERN; Natural Resources Defense Council, Inc.; Sierra Club, Plaintiffs, v. LWD, INC.; Phillip J. Shepherd, in his official capacity as Secretary of the Kentucky Cabinet for Natural Resources and Environmental Protection; Kentucky Natural Resources & Environmental Protection Cabinet, Phillip J. Shepherd, Secretary, Defendants.

United States District Court, W.D. Kentucky, Paducah Division.

October 21, 1993.

Attorney(s) appearing for the Case

W. Henry Graddy, IV, Todd E. Leatherman, Reeves & Graddy, Versailles, KY, and Mick Harrison and Richard Condit, Washington, DC, for Coalition for Health Concern.

Nancy Marks, James F. Simon, Katherine Kennedy and Turner R. Odell, Jr., Natural Resources Defense Counsel, New York City, for Natural Resources Defense Council, Inc.

W. Henry Graddy, IV and Todd E. Leatherman, Reeves & Graddy, Versailles, KY, for Sierra Club.

George L. Seay, Jr., Wyatt, Tarrant & Combs, Frankfort, KY, Virginia Hamilton Snell, M. Stephen Pitt, Wyatt, Tarrant & Combs, Lexington, KY, and B.M. Westberry, Paducah, KY, for LWD, Inc.

Joyce M. Albro and John Horne, Frankfort, KY, for Phillip J. Shepherd, Secretary, Kentucky Cabinet for Natural Resources and Environmental Protection and Kentucky Natural Resources & Environmental Protection Cabinet.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

This is a citizen suit brought under Section 7002 of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6972, and Section 310 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9659. Plaintiffs are environmental groups with members who live near Defendant LWD, Inc.'s hazardous waste incineration and disposal facilities at Calvert City,...

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