Legal Opinion

Berry v. Farmland Industries, Inc.

District Court, D. Kansas

Decided September 8, 2000No. 99-2337-JWLPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This is the second of four environmental lawsuits recently filed by individuals residing near a refinery in Coffeyville, Kansas, which is owned and operated by defendant Farmland Industries, Inc. (Farmland). 1 In this case, plaintiffs filed suit on August 3, 1999, alleging that Farmland violated emissions and reporting requirements of the Clean Air Act (CAA) with respect to the Coffeyville refinery. 2 Pursuant to the citizen-suit provision of the CAA, 42 U.S.C. § 7604, plaintiffs seek the imposition of civil monetary penalties, injunctive relief,…

2Cases cited11 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  4. O'Shea v. LittletonSupreme Court of the United States · 1974
  5. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. Time Warner Entertainment Co. v. Everest Midwest Licensee, L.L.C.Court of Appeals for the Tenth Circuit · 2004
  2. Time Warner Entertainment Co. v. Atriums Partners, L.P.District Court, D. Kansas · 2002
  3. Dodge v. MIRANT MID-ATLANTIC, LLCDistrict Court, D. Maryland · 2010
  4. Facts v. City of St. Louis, Mo.District Court, E.D. Missouri · 2009
  5. Conservation Law Foundation v. PSNHDistrict Court, D. New Hampshire · 2012

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