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SIERRA CLUB v. JOHNSON

No. C 08-01409 WHA.

614 F.Supp.2d 998 (2008)

SIERRA CLUB, Great Basin Resource Watch, Amigos Bravos, and Idaho Conservation League, Plaintiffs, v. Stephen L. JOHNSON, Administrator, United States Environmental Protection Agency, and Mary E. Peters, Secretary, United States Department of Transportation, Defendants, and Superfund Settlements Project, RCRA Corrective Action Project, and American Petroleum Institutes, Defendant-Intervenors.

United States District Court, N.D. California.

July 23, 2008.

Attorney(s) appearing for the Case

Gregory C. Loarie, Earthjustice, Oakland, CA, Jan E. Hasselman, Earthjustice, Seattle, WA, Lisa Gollin Evans, Earthjustice, Marblehead, MA, for Plaintiffs.

Martin F. McDermott, Rochelle Leigh Russell, U.S. Department of Justice, Washington, DC, for Defendants.

Benjamin Patrick Smith, Laura Alexis Lee, Morgan, Lewis & Bockius, LLP, San Francisco, CA, Michael W. Steinberg, Morgan Lewis & Bockius LLP, Washington, DC, for Defendant-Intervenors.

ORDER DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND ORDER TO SHOW CAUSE

WILLIAM ALSUP, District Judge.

INTRODUCTION

In this environmental action alleging failure to perform nondiscretionary duties required by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal defendants move to dismiss for lack of subject-matter jurisdiction or, in the alternative, for improper venue. For the reasons stated below...

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