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FARMERS (FAIR) EX REL. HANEHAN v. U.S. E.P.A.

No. 01CV1183(LEK)(DEP).

165 F.Supp.2d 253 (2001)

FARMERS AGAINST IRRESPONSIBLE REMEDIATION (FAIR) by its President, Charles HANEHAN; Charles Hanehan; Willard H. Peck; Steven P. Griffen; Thomas Kugler; and Sean Quinn, Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator of the United States Environmental Protection Agency, Defendants. New York Farm Bureau, Inc., Amicus Curiae.

United States District Court, N.D. New York.

September 20, 2001.

Attorney(s) appearing for the Case

Dean S. Sommer, Young, Sommer Law Firm, Albany, NY, for plaintiffs.

Michael D. Rowe, U.S. Dept. of Justice, Environmental Defense Section, Washington, DC, George Shanahan, New York City, for U.S. Environmental Protection Agency, Christine Todd Whitman.

Elizabeth Corron Dribusch, Glenmont, NY, for New York Farm Bureau, Inc, amicus.

MEMORANDUM — DECISION AND ORDER

KAHN, District Judge.

Presently before the Court are Plaintiffs' motion for a preliminary injunction and Defendants' cross motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons set forth below, Plaintiffs' motion is DENIED and Defendants' motion is GRANTED in part and DENIED in part.

I. Background

A. Factual Background Regarding Hudson River Contamination...

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