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UNITED STATES v. CARGILL, INC.

Civ. A. No. 80-135.

508 F.Supp. 734 (1981)

UNITED STATES of America, Plaintiff, v. CARGILL, INCORPORATED, Defendant.

United States District Court, D. Delaware.

February 12, 1981.

Attorney(s) appearing for the Case

James W. Garvin, Jr., U. S. Atty., Peggy Ableman, Asst. U. S. Atty., Wilmington, Del., James W. Moorman, Asst. Atty. Gen., Dept. of Justice, Robert L. Bragar, Atty., EPA, Washington, D. C., and Margaret Cardomone, Atty., EPA, Region III, Philadelphia, Pa., of counsel, for plaintiff.

F. Michael Parkowski and John W. Noble of Parkowski, Noble & Guerke, Dover, Del., for defendant.

OPINION

LATCHUM, Chief Judge.

In this case, the Court has had thrust upon it the conundrum of defining, in a particularly unusual and complicated situation, the respective roles of the state and federal governments in the enforcement of the Clean Water Act (the "Act"), 33 U.S.C. §§ 1251 et seq. The Act is representative of the class of statutory pronouncements which, while recognizing and providing for Federal primacy in their implementation...

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