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FRANKLIN TP. SEWERAGE AUTHORITY v. MIDDLESEX CTY. UTILITIES AUTHORITY

No. 85-5493.

787 F.2d 117 (1986)

TOWNSHIP OF FRANKLIN SEWERAGE AUTHORITY v. MIDDLESEX COUNTY UTILITIES AUTHORITY v. The STATE OF NEW JERSEY, By and Through ITS DEPARTMENT OF ENVIRONMENTAL PROTECTION, the United States of America, By and Through its United States Environmental Protection Agency, the Township of Woodbridge, a municipal corporation of the State of New Jersey, the City of Perth Amboy, a municipal corporation of the State of New Jersey, the Borough of Carteret, a municipal corporation of the State of New Jersey. Appeal of The TOWNSHIP OF WOODBRIDGE.

United States Court of Appeals, Third Circuit.

Decided March 28, 1986.

Attorney(s) appearing for the Case

F. Henry Habicht, II, Asst. Atty. Gen., Dirk D. Snel, Bruce J. Berger, John T. Stahr (argued), Attys., Dept. of Justice, Washington, D.C., for U.S.; George A. Shanahan, U.S., E.P.A. — Region II, New York City, of counsel.

Joseph R. Bulman (argued), on brief, (Arthur W. Burgess, Director of Law, of counsel), Woodbridge, N.J., for Woodbridge Tp.

Before GIBBONS, BECKER and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

The Township of Woodbridge appeals from an interlocutory order entered by the district court denying its motion to dissolve an injunction and granting the United States' motion for the assessment of civil sanctions. Woodbridge argues that the district court should have granted its motion to dissolve the injunction because it was not in violation of any federal law. The government contends that we should dismiss...

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