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DEFENDERS OF WILDLIFE v. BROWNER

No. CIV 93-234 TUC ACM.

888 F.Supp. 1003 (1995)

DEFENDERS OF WILDLIFE, George Marsik, Jerry Van Gasse, and James A. Slingluff, Plaintiffs, v. Carol BROWNER, Administrator, United States Environmental Protection Agency; Felicia Marcus, Regional Administrator, EPA Region IX; and United States Environmental Protection Agency, Defendants.

United States District Court, D. Arizona, Tucson Division.

May 1, 1995.

Attorney(s) appearing for the Case

David S. Baron, Arizona Center for Law in the Public Interest, Tucson, AZ, for plaintiffs.

Karen L. Egbert, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for defendants.

ORDER

MARQUEZ, Senior District Judge.

January 4, 1995, this Court issued an Order dismissing Plaintiffs' action brought pursuant to the citizen's suit provision of the Clean Water Act (CWA), Section 505(a)(2), 33 U.S.C. 1365(a)(2). At the time, Plaintiff had not sought leave of this Court to file an Amended Complaint to add a claim for unreasonable delay under the Administrative Procedure Act (APA). In a supplemental memorandum addressing whether this Court...

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