Telford Borough Auth. v. United States Envtl. Prot. Agency

Full title: TELFORD BOROUGH AUTHORITY, Plaintiff, v. UNITED STATES ENVIRONMENTAL…

Court: United States District Court, E.D. Pennsylvania

Date published: Apr 27, 2023

Civil Action 12-6548 (E.D. Pa. Apr. 27, 2023)

Opinion

Civil Action 12-6548

04-27-2023

TELFORD BOROUGH AUTHORITY, Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

MITCHELL S. GOLDBERG, J.

ORDER

MITCHELL S. GOLDBERG, J.

AND NOW, this 27^th day of April, 2023, upon consideration of Defendants' Partial Motion to Dismiss (ECF No. 216), and Plaintiff's response in opposition (ECF No. 217), it is hereby ORDERED that Defendants' Motion to Dismiss is GRANTED in part and DENIED in part as follows:

1. Defendants' Motion is DENIED as to Count Five;

2. Defendants' Motion is GRANTED as to Counts Six, Seven, Eight and Nine and those claims are DISMISSED with prejudice;

3. Defendants' Motion is GRANTED as to Count Thirteen and that claim is DISMISSED without prejudice. Within thirty (30) days of the date this Order, Plaintiff may file a Second Amended Complaint to cure, if it can do so in good faith, the deficiencies outlined in the accompanying Memorandum Opinion as to Count Thirteen.