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ENVIRONMENTAL CONSERVATION v. CITY OF DALLAS

No. 3-03-CV-2951-BD.

516 F.Supp.2d 653 (2007)

The ENVIRONMENTAL CONSERVATION ORGANIZATION, Plaintiff v. The CITY OF DALLAS, Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 26, 2007.

Attorney(s) appearing for the Case

F. Leighton Durham, III, Kirk L. Pittard, Durham & Pittard, Frederick William Addison, Munsch Hardt Kopf & Harr, Kirsten M. Castaneda, Locke Liddell & Sapp, Dallas, TX, Jan R. Thurman, Law Offices of Jan R. Thurman, Arlington, TX, for Plaintiff.

David E. Howe, Thomas P Perkins, Jr, Dallas City Attorney's Office, James D. Payne, Jean M. Flores,. Michael C. Christman, Guida Slavich & Flores, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

JEFF KAPLAN, United States Magistrate Judge.

Defendant the City of Dallas ("the City") has filed a motion for summary judgment in this citizen enforcement action brought under section 505 of the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), 33 U.S.C. § 1251, et seq. For the reasons stated herein, the motion is granted.

I.

The City operates a municipal separate...

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