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HALACO ENGINEERING CO. v. COSTLE

No. 84-6456.

843 F.2d 376 (1988)

HALACO ENGINEERING CO., a California corporation, Plaintiff-Appellee, v. Douglas M. COSTLE, Administrator of the United States Environmental Protection Agency, Paul De Falco, Jr., Regional Administrator for Region IX of the United States Environmental Protection Agency, Clyde B. Eller, Director of Enforcement Division for Region IX of United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1988.

Attorney(s) appearing for the Case

Arthur Fine, Mitchell, Silberberg & Knupp, Los Angeles, Cal., for plaintiff-appellee.

Martin W. Matzen, Dept. of Justice Atty., Washington, D.C., for defendants-appellants.

Before CANBY and WIGGINS, Circuit Judges, and LOVELL, District Judge.

WIGGINS, Circuit Judge:

The Environmental Protection Agency ("EPA"), appeals the dismissal of its counterclaim against Halaco Engineering Company ("Halaco"). In the underlying action, Halaco sought declaratory relief from the EPA's proposed action against Halaco for violating Section 301(a) of the Clean Water Act ("CWA"), 33 U.S.C. § 1311(a), by discharging pollutants into an area of wetlands without a permit. EPA counterclaimed. The counterclaim was dismissed...

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