UNITED STATES of America, Plaintiff, Respondent,
v.
COMMONWEALTH OF PUERTO RICO and Environmental Quality Board, Defendants, Petitioners.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued June 6, 1983.
Decided October 11, 1983.
As Amended December 7, 1983.
Attorney(s) appearing for the Case
Marvin B. Durning, Seattle, Wash., with whom Lynn D. Weir, Seattle, Wash., Hector Reichard de Cardona, Secretary of Justice, Eduardo L. Buso, Dept. of Justice, San Juan, P.R., Gerardo A. Carlo, Carlo & Dubos, Old San Juan, P.R., and Durning, Webster & Lonnquist, Seattle, Wash., were on brief, for defendants, petitioners.
Francis X. Bellotti, Atty. Gen., Stephen M. Leonard, Asst. Atty. Gen., Boston, Mass., Joseph I. Lieberman, Atty. Gen., Richard F. Webb, Asst. Atty. Gen., Hartford, Conn., Jim Smith, Atty. Gen., Bruce D. Barkett, Asst. Atty. Gen., Tallahassee, Fla., Stephen H. Sachs, Atty. Gen., Baltimore, Md., Thomas A. Deming, Asst. Atty. Gen., Annapolis, Md., Rufus L. Edmisten, Atty. Gen., Daniel C. Oakley, Asst. Atty. Gen., Raleigh, N.C., Jim Mattox, Atty. Gen., Jim Mathews and Nancy N. Lynch, Asst. Attys. Gen., Austin, Tex., on brief for Com. of Mass., State of Conn., State of Fla., State of Md., State of N.C., and State of Tex., amici curiae.
Raymond W. Mushal, Atty., Environmental Enforcement Section, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., with whom Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Raymond L. Acosta, U.S. Atty., Gary H. Montilla, Asst. U.S. Atty., Hato Rey, P.R., Richard M. Cornelius, Office of General Counsel, Dept. of the Navy, Craig T. Vanderhoef, Office of Navy Judge Advocate General's Corps, and Thomas P. Tielens, Office of Navy Judge Advocate General's Corps, Washington, D.C., were on brief, for appellee.
Before COFFIN and BREYER, Circuit Judges, and SELYA, District Judge.
United States Court of Appeals, First Circuit.
SELYA, District Judge.
The United States, on behalf of the Navy, instituted this action in the district court against the Commonwealth of Puerto Rico and its Environmental Quality Board ("EQB"), seeking to set aside a decision of the EQB denying a water quality certification request. The defendants (hereinafter collectively "Puerto Rico" or "the Commonwealth") moved to dismiss the case for want of subject matter jurisdiction, asseverating that the Clean Water Act...
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