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SIERRA CLUB v. LUJAN

No. 90-1183.

931 F.2d 1421 (1991)

SIERRA CLUB and Colorado Environmental Coalition, Plaintiffs-Appellees v. Manuel LUJAN, Jr., Secretary of the Interior, the United States Department of the Interior, C. Dale Duvall, Commissioner of Reclamation, and the United States Bureau of Reclamation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 30, 1991.

Attorney(s) appearing for the Case

Adam Babich, Denver, Colo., for plaintiffs-appellees.

Ellen J. Durkee, U.S. Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. Gen., Washington, D.C., Michael J. Norton, U.S. Atty., William G. Pharo, Asst. U.S. Atty., Denver, Colo., J. Steven Rogers and Jacques B. Gelin, Attys., U.S. Dept. of Justice, Washington, D.C., Duane Mecham, Office of the Sol., U.S. Dept. of the Interior, Washington, D.C., and Gina Guy, Regional Sol., U.S. Dept. of the Interior, Denver, Colo., with her on the brief), for defendants-appellants.

Before McKAY, ALDISERT, and McWILLIAMS, Circuit Judges.

ALDISERT, Circuit Judge.

This appeal by the United States Department of the Interior and its Bureau of Reclamation requires us to interpret certain provisions of the Clean Water Act to determine whether Congress has waived the United States' sovereign immunity and authorized the assessment of civil penalties against federal agencies for violations of the Act.

The plaintiffs, Sierra Club and Colorado Environmental Coalition, filed this citizen suit under Section...

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