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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