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ROSS INCINERATION SERVICES, INC. v. BROWNER

No. 1:99CV2841.

118 F.Supp.2d 837 (2000)

ROSS INCINERATION SERVICES, INC., Plaintiff, v. Carol M. BROWNER, in her Official Capacity as Administrator of the United States Environmental Protection Agency, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

September 22, 2000.

Attorney(s) appearing for the Case

Richard D. Panza, Matthew W. Nakon, Rachelle K. Zidar, Wickens, Herzer & Panza, Lorain, OH, for Ross Incineration Services, Inc., plaintiff.

Andrew J. Doyle, Department Of Justice, Environment & Natural Resources Division, Washington, DC, for Carol M. Browner, Francis X. Lyons, Regional Administrator of the United States Environmental Protection Agency, defendants.

Steven J. Paffilas, Office Of The U.S. Attorney, Cleveland, OH, Andrew J. Doyle, Mary E. Gleaves, Mary Andrews, The U.S. Environmental Protection Agency, Washington, DC, Richard R. Wagner, Chicago, IL, for Environmental Protection Agency, defendants.

MEMORANDUM & ORDER

O'MALLEY, District Judge.

Plaintiff Ross Incineration Services, Inc. ("Ross") brings this action against the Environmental Protection Agency ("EPA"), EPA administrator Carol Browner, and EPA regional administrator Francis Lyons.1 Ross alleges that it owns and operates a waste treatment and storage facility in Grafton, Ohio, where it incinerates, among other things, aerosol cans and their contents. Ross...

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