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CITY OF MOUNT CLEMENS v. U.S. E.P.A.

No. 89-1801.

917 F.2d 908 (1990)

CITY OF MOUNT CLEMENS, a Michigan municipal corporation, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Lee Thomas, Administrator of the United States Environmental Protection Agency; Valdas V. Adamkus, Regional Administrator of the United States Environmental Protection Agency; and David F. Hales, Director of the Michigan Department of Natural Resources, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 25, 1990.

Attorney(s) appearing for the Case

Noah Eliezer Yanich, Louis B. Reinwasser (argued), Miller, Canfield, Paddock & Stone, Lansing, Mich., for City of Mount Clemens.

Carl Strass, Michael P. Healy (argued), John A. Bryson, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for U.S. E.P.A., Lee M. Thomas and Valdas V. Adamkus.

Roland Hwang, Asst. Atty. Gen. (argued), Natural Resources Div., Lansing, Mich., for David F. Hales.

Before KEITH and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

KEITH, Circuit Judge.

On November 7, 1988, plaintiff City of Mount Clemens ("the City") initiated this action to compel defendants: the United States Environmental Protection Agency ("EPA"); Lee M. Thomas, EPA Administrator; Valdas V. Adamkus, EPA Regional Administrator; and David F. Hales, the Director of the Michigan Department of Natural Resources ("MDNR") (collectively "defendants"), to certify the City's local wastewater treatment plant for a federal construction...

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