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CITIZENS ALERT REG. THE ENVIRON. v. U.S. E.P.A.

No. CIV.A. 03-0417(ESH).

259 F.Supp.2d 9 (2003)

CITIZENS ALERT REGARDING THE ENVIRONMENT, et al. Plaintiffs, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al. Defendants.

United States District Court, District of Columbia.

March 15, 2003.

Attorney(s) appearing for the Case

John E. Childe, Jr., Palmyra, PA, for Jefferson Township.

Joseph S. Cigan, Wilkes-Barre, PA, Kimberly A. Hummel, for PA Dept. of Environmental Protection, PA Infrastructure Investment Authority.

Lauren Beth Fischer, U.S. Dept. of Justice, Washington, DC, for U.S. Environmental Protection Agency.

Enrico G. Nardone, Babylon, NY, for Citizens Alert Regarding Environment.

Corey Daniel O'Brien, Muldoon, Murphy & Faucette, Washington, DC, Stephen William Saunders, Kreder, Brooks, Hailstone, Scranton, PA, for Lackawanna River Basin Sewer Authority.

MEMORANDUM OPINION

HUVELLE, District Judge.

This case is here on a request for preliminary injunction, which the Court has consolidated with a trial on the merits pursuant to FED. R. CIV. P. 65(a)(2). Plaintiffs, Citizens Alert Regarding the Environment ("CARE") and David Kurtz, brought this action to enjoin construction of a sewage pipeline currently being built in Lackawanna County, Pennsylvania. Plaintiffs contend that this project is a "major...

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