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LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION v. PEGUES

No. 89-7640.

904 F.2d 640 (1990)

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC., Plaintiff-Appellant, v. Leigh PEGUES, in his official capacity as Director of the Alabama Department of Environmental Management, et al., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

Debra A. Swim, Tallahassee, Fla., for plaintiff-appellant.

Pegues & Warr, Olivia H. Jenkins, Ala. Dept. of Environmental Management, Montgomery, Ala., Fournier J. Gale, III, Jarred O. Taylor, II, Alfred F. Smith, Jr., Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for defendant-appellee.

Before CLARK and EDMONDSON, Circuit Judges, and RUBIN, Senior Circuit Judge.

ALVIN B. RUBIN, Senior Circuit Judge:

Contending that the director of a state environmental agency was not properly interpreting the Federal Water Pollution Control Act,1 an environmental-protection group brought suit for declaratory and injunctive relief against the director, invoking the Supremacy Clause of the federal Constitution as the sole basis for jurisdiction. We affirm the district court's dismissal of the case, holding that...

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