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CITY OF OLMSTEAD FALLS v. U.S. E.P.A.

No. 1:02 CV 1460.

233 F.Supp.2d 890 (2002)

CITY OF OLMSTED FALLS, et al., Plaintiffs, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

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

October 25, 2002.

Attorney(s) appearing for the Case

Barbara E. Lichman, Berne C. Hart, Jacqueline E. Serrao, Chevalier, Allen & Lichman, LLP, Irvine, CA, Kevin T. Roberts, Roberts Law Firm, Cleveland, OH, for plaintiffs.

Andrew J. Doyle, U.S. Dept. of Justice, Environment & Natural Resources Division, Washington, DC, Steven J. Paffilas, U.S. Attorney's Office, Cleveland, OH, for defendants U.S. Environmental Protection Agency, Christie Todd Whitman, Thomas Skinner, U.S. Dept. of the Army, Thomas E. White, Army Corps of Engineers, Glen R. DeWillie, U.S. Dept. of Transportation, Norman Y. Mineta, Federal Aviation Administration, and Jane Garvey.

Julianne Kurdila, Thomas L. Anastos, City of Cleveland, Dept. of Law, Cleveland, OH, for defendants City of Cleveland and Jane L. Campbell.

Margaret A. Malone, David Kern, Office of Attorney General, Environmental Enforcement Section, Columbus, OH, for defendants State of Ohio, Robert A. Taft, Ohio Environmental Protection Agency, and Christopher Jones.

Memorandum of Opinion and Order

GAUGHAN, District Judge.

INTRODUCTION

This matter is before the Court on Federal Defendants' Motion to Dismiss (Doc. 39). This case arises out of construction currently underway at the Cleveland Hopkins International Airport. Specifically, this case focuses on the "dredge or fill" permit issued under the Clean Water Act in conjunction with the construction.

FACTS

The Parties...

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