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SIERRA CLUB v. LUJAN

No. 90-1183.

972 F.2d 312 (1992)

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.

August 7, 1992.

Attorney(s) appearing for the Case

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

J. Steven Rogers, Jacques B. Gelin and Ellen J. Durkee, Attys., Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Duane Mecham, Office of the Sol., U.S. Dept. of the Interior, Washington, D.C., Gina Guy, Regional Sol. U.S. Dept. of the Interior, Denver, Colo., for defendants-appellants.

McKAY, Chief Judge, ALDISERT* and McWILLIAMS, Circuit Judges.

ALDISERT, Senior Circuit Judge.

When this case was first before us, we were of the view that certain provisions of the Clean Water Act, 33 U.S.C. § 1251, et seq., waived sovereign immunity and permitted the assessment of civil penalties against the United States for past violations of the Act. Sierra Club v. Lujan, 931 F.2d 1421

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