Summit Petroleum Corporation v. EPA, et al

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OPINION and JUDGMENT filed: The United States Environmental Protection Agency's final determination is VACATED and the case is REMANDED for further proceedings. Decision for publication pursuant to local rule 206. Richard F. Suhrheinrich (AUTHORING), Karen Nelson Moore (DISSENTING), and Eric L. Clay, Circuit Judges. [09-4348, 10-4572]

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Case: 09-4348 Document: 006111392370 Filed: 08/07/2012 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 09-4348; 10-4572 FILED Aug 07, 2012 SUMMIT PETROLEUM CORPORATION, Petitioner, LEONARD GREEN, Clerk v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; LISA JACKSON, Respondents. Before: SUHRHEINRICH, MOORE, and CLAY, Circuit Judges. JUDGMENT THIS MATTER came before the court upon the petition by Summit Petroleum Corporation for review of the final determination of the United States Environmental Protection Agency. UPON FULL REVIEW of the record and the briefs and arguments of counsel, IT IS ORDERED that the United States Environmental Protection Agency’s final determination is VACATED, and the case is REMANDED for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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