Opinion
No. 2007-5002.
October 10, 2007.
Appealed from United States Court of Federal Claims, Francis M. Allegra, Judge.
Neal R. Devlin, Knox McLaughlin Gornall Sennett, P.C., of Erie, Pennsylvania, argued for plaintiff-appellant. With him on the brief was Richard A. Lanzillo.
Tamara N. Rountree, Attorney, Environment Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Matthew J. McKeown, Acting Assistant Attorney General, Susan Cook, Attorney, and Kathryn Kovacs, Attorney. Of counsel was William B. Lazarus, Attorney. Of counsel on the brief was Dana Ott, Office of General Counsel, United States Environmental Protection Agency, of Washington, DC.
Richard P. Rector, DLA Piper U.S. LLP, of Washington, DC, for amicus curiae, National Association of Home Builders.
Before MICHEL, Chief Judge, LOURIE, and GAJARSA, Circuit Judges.
The judgment of the lower court is affirmed based upon the well-reasoned opinion of the trial court.