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NATIONAL WILDLIFE FEDERATION v. CONSUMERS POWER CO.

No. G85-1146.

729 F.Supp. 62 (1989)

NATIONAL WILDLIFE FEDERATION, Plaintiff, v. CONSUMERS POWER COMPANY, Defendant.

United States District Court, W.D. Michigan.

July 12, 1989.

Attorney(s) appearing for the Case

Mark Van Putten, Counsel, Nat. Wildlife Federation, Ann Arbor, Mich., and Yablonski Both & Edelman by Daniel B. Edelman, Washington, D.C., for plaintiff.

Honigman, Miller, Schwartz & Cohn by Joseph M. Polito, Detroit, Mich., and A.T. Udrys, Jackson, Mich., for defendant.

Peter A. Marquardt, The Detroit Edison Co., Detroit, Mich., amici curiae Elec. Utilities.

OPINION

ENSLEN, District Judge.

The National Wildlife Federal ("NWF") brought this action alleging that the defendant, Consumers Power Company ("Consumers"), violated section 402 of the Clean Water Act ("CWA"), 33 U.S.C. § 1342, by failing to obtain a permit authorizing Consumers' Ludington, Michigan hydroelectric facility to release into Lake Michigan turbine generating water containing entrained fish. This...

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