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DETROIT EDISON v. MICHIGAN DEPT. OF ENVTL. QUALITY

Nos. 98-CV-74129, 99-CV-70171.

39 F.Supp.2d 875 (1999)

The DETROIT EDISON CO., Plaintiff-Counter-Defendant, v. MICHIGAN DEP'T OF ENVTL. QUALITY and Wayne County Dep't of Environment, Defendants/Counter-Plaintiffs, and American Lung Ass'n of Michigan, Citizens Environment Alliance of Southwestern Ontario, Creekside Community Dev. Corp., Michigan Envtl. Council, Michigan United Conservation Clubs, Intervenors. United States of America, Plaintiff, v. The Detroit Edison Co., Defendant.

United States District Court, E.D. Michigan, Southern Division.

March 12, 1999.

Attorney(s) appearing for the Case

Christopher C. Nern, Peter A. Marquardt, Detroit, MI, for plaintiff.

Joseph M. Polito, Mark A. Goldsmith, Honigman, Miller, et al., Detroit, MI, co-counsel, for plaintiff.

Todd B. Adams, Asst. Attorney General, Natural Resources Div., Lansing, MI, for defendant Mich. Dept. of Envri. Quality counsel.

Annette Lange, Asst. Attorney General, U.S. Dept. of Justice, Environment & Natural Resources, Washington, D.C., for United States.

Hilda V. Gurley, Wayne County Dept. of Environment, Detroit, MI, Beth S. Gotthelf, Tammy L. Brown, Seyburn, Kahn, Ginn, et al., Southfield, MI, for defendant Wayne County.

INTERIM REMEDIAL ORDER

FEIKENS, District Judge.

I. Introduction

The essential controversy of the above-styled consolidated cases is whether The Detroit Edison Company ("Edison") violated the federal Clean Air Act ("CAA"), as well as applicable state and county law, when it chose not to obtain environmental permitting before restarting and operating its coal-fired Connors Creek Power Plant ("the Plant"), which is located in Detroit, Michigan...

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