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U.S. v. COUNTY OF MUSKEGON

No. 00-1170.

298 F.3d 569 (2002)

UNITED STATES of America and State of Michigan, Plaintiffs-Appellees, City of Whitehall, et al., Intervenor and New Party Plaintiffs-Appellees, v. COUNTY OF MUSKEGON, Defendant-Appellee, S.D. Warren Company, Intervenor Defendant-Appellant, Burdick & Jackson Laboratories, et al., Intervenor Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 26, 2002.

Attorney(s) appearing for the Case

John A. Bryson (briefed), Joan M. Pepin (argued and briefed), United States Department of Justice, Land & Natural Resources Div., Washington, DC, Alan F. Hoffman (argued and briefed), Office of the Attorney General, Lansing, Natural Resources Div., Lansing, MI, Michael B. Ortega (briefed), Reed, Stover & O'Connor, Kalamazoo, MI, Steven F. Stapleton (argued and briefed), Plunkett & Cooney, Grand Rapids, MI, G. Thomas Johnson, Parmenter & O'Toole, Muskegon, MI, Patricia Mason (briefed), Reed, Stover & O'Connor, Kalamazoo, MI, James M. Rose, Rose & Ecklund, Montague, MI, David C. Williams, Williams, Hughes, Corwin & Sininger, Muskegon, MI, for Plaintiffs-Appellees.

Stephen C. Corwin (argued and briefed), Williams, Hughes, Corwin & Sininger, Muskegon, MI, Paul T. Sorenson (argued and briefed), Dennis J. Donohue (briefed), Warner, Norcross & Judd, Grand Rapids, MI, for Defendants-Appellants.

Before DAVID A. NELSON and BATCHELDER, Circuit Judges; FEIKENS, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

Muskegon County, Michigan, operates a sewage treatment system under permits issued pursuant to § 402 of the Federal Water Pollution Control Act, 33 U.S.C. § 1342. The case at bar originated as a federal enforcement proceeding in which the United States sought to rectify alleged violations of the permits, the Act, and certain administrative compliance orders issued by the United States Environmental Protection...

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