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NATIONAL RESOURCES DEFENSE COUNCIL v. U.S.E.P.A.

No. CV 04-8307-GHK(RCX).

437 F.Supp.2d 1137 (2006)

NATIONAL RESOURCES DEFENSE COUNCIL, et al. Plaintiffs, and State of New York, et al. Intervenor-Plaintiffs, v. U.S. ENVIRONMENTAL PROTECTION AGENCY, et al. Defendants, and Associated General Contractors of America, et al. Intervenor-Defendants.

United States District Court, C.D. California.

June 27, 2006.

Attorney(s) appearing for the Case

Clare F. Saperstein, Kim J. Landsman, Patterson Belknap Webb and Tyler, New York, NY, Daniel G. Cooper, Lawyers For Clean Water, San Francisco, CA, Jason M. Booth, Dongell Lawrence Finney, Los Angeles, CA, Layne K. Friedrich, Lawyers for Clean Water, Santa Monica, CA, David T. Ballard, Barnes and Thornburg, Chicago, IL, Jeffrey S. Longsworth, Barnes and Thornburg, Washington, DC, for Plaintiffs.

Denise Lillio Vecchio, Stephen G. Vitelli, State of Connecticut Attorney General's Office, Hartford, CT, Jan Chatten-Brown, Katherine A. Trisolini, Chatten-Brown & Associates, Santa Monica, CA, Andrew G. Frank, New York State Office of the Attorney General, New York, NY, Philip Bein, New York State Attorney General's Office, Albany, NY, for Intervenor-Plaintiffs.

Alan D. Greenberg, United States Department of Justice, Denver, CO, for Defendant.

MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION FOR PATIAL SUMMARY JUDGMENT

KING, District Judge.

This matter is before the Court on a motion for partial summary judgment brought by Plaintiffs Natural Resources Defense Council ("NRDC") and Waterkeeper Alliance (collectively "Environmental Plaintiffs") and Intervenor Plaintiffs State of New York, New York State Department of Environmental Conservation, and State of Connecticut (collectively

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