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UNITED STATES v. SAINT BERNARD PARISH

Civ. A. No. 83-3201.

589 F.Supp. 617 (1984)

UNITED STATES of America v. SAINT BERNARD PARISH and State of Louisiana.

United States District Court, E.D. Louisiana.

June 26, 1984.

Attorney(s) appearing for the Case

Asst. U.S. Atty., Carol E. Dinkins, Washington, D.C., John Volz, William F. Baity, New Orleans, La., John C. Martin, F. Henry Habicht, II, and Reed W. Neuman, Trial Atty., Environmental Enforcement Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Alan W. Eckert, Senior Litigator, U.S.E.P.A., Washington, D.C., for plaintiff.

John F. Rowley, Dist. Atty., William P. Schuler, Asst. Dist. Atty., Parish of St. Bernard, Chalmette, La., for St. Bernard Parish.

William J. Guste, Jr., Peter M. Arnow, Warren E. Byrd, II, Louisiana Dept. of Justice, Baton Rouge, La., for State of La.

OPINION

ARCENEAUX, District Judge.

This matter came before the Court on motions for summary judgment by St. Bernard Parish ("St. Bernard") and the United States of America ("United States"). After hearing oral argument on June 6, 1984, the motion of St. Bernard was DENIED and the motion of the United States was GRANTED for reasons set forth hereinafter.

The United States instituted this suit pursuant to § 309 of the Clean Water Act ("the Act...

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