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U.S. EX REL. TVA v. TENN. WATER QUALITY CONTROL BD.

No. 82-5288.

717 F.2d 992 (1983)

UNITED STATES of America ex rel. TENNESSEE VALLEY AUTHORITY and Tennessee Valley Authority, Plaintiffs-Appellees, v. TENNESSEE WATER QUALITY CONTROL BOARD, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 23, 1983.

Rehearing Denied October 20, 1983.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tennessee, Michael Pearigen (argued), Asst. Atty. Gen., Nashville, Tenn., for defendants-appellants.

Herbert S. Sanger, Jr., Gen. Counsel, James E. Fox, Assoc. Gen. Counsel (argued), Robert C. Glinski, Brent R. Marquand, Tennessee Valley Authority, Knoxville, Tenn., for plaintiffs-appellees.

Nancy B. Firestone, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., amicus curiae for U.S.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge, and GUY, District Judge.

LIVELY, Circuit Judge.

The question in this case is whether the Tennessee Water Quality Control Board may require the Tennessee Valley Authority (TVA) to acquire a state permit for the reconstruction and operation of a dam and flume on a navigable waterway within the State of Tennessee. The case arises under the Federal Water Pollution Control Act, as amended, commonly referred to as the Clean Water Act (the Act), 33 U.S...

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