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THIEBAUT v. COLORADO SPRINGS UTILITIES

No. 10-1471.

BILL THIEBAUT, in his official capacity as District Attorney for the Tenth Judicial District, Colorado; OFFICE OF THE DISTRICT ATTORNEY FOR THE TENTH JUDICIAL DISTRICT, COLORADO; PEOPLE OF THE STATE OF COLORADO, Plaintiffs-Appellants, SIERRA CLUB, Plaintiff, v. COLORADO SPRINGS UTILITIES, an enterprise of the City of Colorado Springs; CITY OF COLORADO SPRINGS, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 12, 2011.

ORDER AND JUDGMENT*

SCOTT M. MATHESON Jr., Circuit Judge.

In 2005, Bill Thiebaut—the District Attorney for the Tenth Judicial District of Colorado—filed a lawsuit pursuant to section 1365(a) of the Clean Water Act ("CWA") against the City of Colorado Springs (the "City"). Mr. Thiebaut named three plaintiffs: (1) himself, in his official capacity as District Attorney, (2) the Office of the District Attorney...

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