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SWEAT v. HULL

No. 00-CV-1680.

200 F.Supp.2d 1162 (2001)

Ken G. SWEAT; Sandra Bahr; David Matusow; Julie Sherman, Plaintiffs, v. Jane D. HULL, in her capacity as Governor of Arizona; Jacqueline E. Schafer, in her capacity as Director of the Arizona Department of Environmental Quality; the Arizona Department of Environmental Quality; the State of Arizona, Defendants.

United States District Court, D. Arizona.

September 12, 2001.

Attorney(s) appearing for the Case

Timothy Michael Hogan, Joy E. Herr-Cardillo, Arizona Center for Law In The Public Interest, Tucson, AZ, for Plaintiffs.

Steven J. Burr, Office of the Attorney General, Phoenix, AZ, for Defendants.

ORDER

SILVER, District Judge.

Pending before the Court are Plaintiffs' Motion for Summary Judgment and Defendants' Motion to Dismiss for lack of subject matter jurisdiction. Having considered the arguments and evidence offered by the parties in their pleadings and at oral argument, the Court will grant Plaintiffs' Motion for Summary Judgment and deny both of Defendants' Motions.

Background

On August 31, 2000, Plaintiffs filed a Complaint...

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