Legal Environmental Assistance Foundation, Inc. v. Hodel

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Plaintiffs allege that defendants are in violation of the Resource Conservation and Recovery Act [RCRA], 42 U.S.C. §§ 6901-6987, and the Clean Water Act [CWA] 1 , 33 U.S.C. §§ 1251-1376. Plaintiffs seek declaratory and injunctive relief plus the imposition of civil penalties. This case is now before the Court on cross motions for summary judgment.

Defendants are the United States Department of Energy [DOE] and the Secretary of DOE. Defendants operate the Y-12 Plant in Oak Ridge, Tennessee, pursuant to the Atomic Energy Act [AEA]. 2 42 U.S.C. §§…