NATIONAL WILDLIFE FED. v. CONSUMERS POWER CO.

No. 87-1441.

862 F.2d 580 (1988)

NATIONAL WILDLIFE FEDERATION, Plaintiff-Appellee, v. CONSUMERS POWER COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1988.


Attorney(s) appearing for the Case

Robert A. Fineman, Honigman, Miller, Schwartz, and Cohn, Detroit, Mich., Joseph M. Polito, Jay E. Brant, argued, A.T. Udrys, Consumers Power Co., Jackson, Mich., for defendant-appellant.

Mark Van Putten, argued, Ann Arbor, Mich., for plaintiff-appellee.

Douglas A. Cohen, Policy, Legislation, and Special Litigation Section, Land & Natural Resources Div. Dept. of Justice, Washington, D.C., amicus curiae U.S.

Steven J. Koorse, Hunton & Williams, Richmond, Va., amicus curiae Elec. Utilities.

Before JONES, WELLFORD, and BOGGS, Circuit Judges.


BOGGS, Circuit Judge.

Defendant-appellant Consumers Power Company (Consumers) appeals from the district court order requiring it to apply for a permit, pursuant to § 402 of the Clean Water Act (CWA), 33 U.S.C. § 1342, for the Ludington hydro-electric facility's release of turbine generating water containing entrained fish (live and dead fish, and fish remains) into Lake Michigan. The facility is jointly owned by Consumers (51%) and Detroit Edison Company...

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