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CHAMBER OF GREATER BATON ROUGE v. U.S. E.P.A.

No. CIV.A. 04-323-A.

323 F.Supp.2d 769 (2004)

THE CHAMBER OF GREATER BATON ROUGE, the West Baton Rouge Chamber of Commerce, Iberville Parish Chamber of Commerce, the Louisiana Oil Marketers and Convenience Store Association, Couhig Southern Environmental Services of Baton Rouge, Inc., and Lovie Robinson Hammet v. THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Michael Leavitt, in his capacity as Administrator, and Richard E. Greene, in his capacity as Administrator of EPA Region 6

United States District Court, M.D. Louisiana.

June 18, 2004.

Attorney(s) appearing for the Case

Francis S." Frank" Craig, III, Joell M. Keller, Breazeale, Sachse & Wilson, Steven Jay Levine, Patrick O'Hara, Phelps Dunbar, LLP, Baton Rouge, LA, for Plaintiffs.

David R. Dugas, United States Attorney, John Joseph Guapp, Assistant United States Attorney, Baton Rouge, LA, Thomas L. Sansonetti, Assistant Attorney General, Environmental and Natural Resources Division, U.S. Department of Justice, Eric G. Hostetler, Jessica O'Donnell, Environmental Defense Section, Of Counsel: Roland C. Dubois, Jan M. Tierney, U.S. Environmental Protection Agency, Office of General Counsel, Washington, D.C., for Defendants.

RULING ON SUBJECT MATTER JURISDICTION

JOHN V. PARKER, District Judge.

The court, as it is required to do, has raised sua sponte the issue of whether the court has subject matter jurisdiction to hear this case. The issue has been thoroughly briefed by the parties, and oral argument is not necessary. Jurisdiction is alleged to be based on 28 U.S.C. § 1331, the Clean Air Act, and the Declaratory Judgment Act.

The court has raised the issue...

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