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U.S. v. CATERPILLAR, INC.

No. Civ.A. 98-2544 HHK.

227 F.Supp.2d 73 (2002)

UNITED STATES of America, Plaintiff, v. CATERPILLAR, INC., Defendant. United States of America, Plaintiff, v. Detroit Diesel Corp., Defendant.

United States District Court, District of Columbia.

August 28, 2002.

Attorney(s) appearing for the Case

Lydia K. Griggsby, U.S. Attorney's Office, Washington, DC, Thomas Carroll, Patricia Lyn Hurst, Sarah D. Himmelhoch, U.S. Dept. of Justice, Washington, DC, for U.S.

Robert George Abrams, Thomas N. Heyer, Gilbert Stephen Keteltas, Howery Simon Arnold & White, Washington, DC, for Caterpillar Inc.

Hope Madeline Babcock, Washington, DC, for State and Territorial Air Pollution Program Administrators (STAPPA), Association of Local Air Pollution Control Officials (ALALPCO).

Stuart Austin Campbell Drake, Kirkland & Ellis, Washington, DC, for Truck Manufacturers Ass'n.

Thomas Richichi, Beveridge & Diamond, P.C., Washington, DC, for American Trucking Associations, Inc.

Jeffrey Todd Green, Sidley Austin Brown & Wood, Washington, DC, for Cummins, Inc.

David Gregg McIntosh, Natural Resources Defense Council, Washington, DC, for Natural Resources Defense Council.

MEMORANDUM OPINION AND ORDER

KENNEDY, District Judge.

Before the court are the motions of defendants Detroit Diesel Corporation ("DDC") and Caterpillar, Inc. ("Caterpillar"), manufacturers of heavy-duty diesel engines, seeking review and modification of the consent decree entered by this court three years ago to settle claims brought against them by the Environmental Protection Agency ("EPA").1 In the enforcement actions settled...

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