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AMOCO OIL CO. v. U.S.E.P.A.

Civil Action No. 96 N 1037.

959 F.Supp. 1318 (1997)

AMOCO OIL CO., Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant.

United States District Court D. Colorado.

March 28, 1997.

Attorney(s) appearing for the Case

John Fognani, Christopher L. Thorne, Thomas M. Crimmins, III, Gibson, Dunn & Crutcher, Denver, CO, for Plaintiff/Petitioner.

Linda A. Surbaugh, Assistant U.S. Attorney, Denver, CO, David A. Carson, United States Department of Justice Environment and Natural Resources Division, Denver, CO, Charles Figur, United States Environmental Protection Agency, Region VIII — ENF-L, Denver, CO, for Defendant/Respondent.

MEMORANDUM OPINION AND ORDER

NOTTINGHAM, Judge.

This is a challenge by Amoco Oil Co. ("Amoco") to an order of the Environmental Protection Agency seeking corrective action under section 3008(h) of the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C.A. § 6928(h) (West 1995). The matter is before the court on "EPA's Motion to Dismiss" filed November 1, 1996. Amoco alleges jurisdiction based on 28 U.S.C.A. § 1331 (West 1993), 28 U.S.C.A...

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