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SACRAMENTO REG. COUNTY SANITATION DIST. v. REILLY

No. 89-15621.

905 F.2d 1262 (1990)

SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT, Plaintiff-Appellee, v. William K. REILLY, in his official capacity as Administrator of the United States Environmental Protection Agency; United States Environmental Protection Agency, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Richard B. Stewart, Asst. Atty. Gen., David F. Levi, U.S. Atty., and Andrea M. Miller, Asst. U.S. Atty., Sacramento, Cal., J. Carol Williams, Carl Strass, Charles J. Sheehan, Attys., Dept. of Justice, Washington, D.C., for defendant-appellant E.P.A.

L.B. Elam, County Counsel, Robert L. Pleines, Supervising Deputy Counsel, Office of the County Counsel, Sacramento, Cal., Henry L. Diamond, Richard S. Davis, David M. Friedland, Beveridge & Diamond, P.C., Washington, D.C., for plaintiff-appellee Sacramento Regional County Sanitation Dist.

Before FLETCHER and REINHARDT, Circuit Judges, and LIVELY, Senior Circuit Judge.

REINHARDT, Circuit Judge:

The Sacramento Regional County Sanitation District ("District") brought an action against the Environmental Protection Agency ("EPA") for declaratory and injunctive relief after the EPA disallowed a grant of funds to the District for the purchase of replacement wetlands. The purchase was required by federal and state agencies (including the EPA) with jurisdiction over the construction of the District's new solid wastewater treatment plant...

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