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DETROIT EDISON v. MICHIGAN DEPT. OF ENVIR. QUALITY

No. 98-74129.

29 F.Supp.2d 786 (1998)

THE DETROIT EDISON COMPANY, Plaintiff, v. MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, and Wayne County Department of Environment, Defendants.

United States District Court, E.D. Michigan, Southern Division.

December 15, 1998.

Attorney(s) appearing for the Case

Christopher C. Nern, Peter A. Marquardt, The Detroit Edison Company, Detroit, Michigan, Joseph M. Polito, Mark A. Goldsmith, Honigman Miller Schwartz and Cohn, Detroit, Michigan, for plaintiff.

Jennifer M. Granholm, Mary Rose MacMillan, Hilda V. Gurley, Wayne County Corporation Counsel, Detroit, Michigan, Beth S. Gotthelf, Tammy L. Brown, Seyburn, Kahn, Ginn, Bess, Deitch and Serlin, P.C., Southfield, Michigan, Todd B. Adams, Assistant Attorney General, Natural Resources Division, Lansing, Michigan, for defendants.

OPINION AND ORDER

FEIKENS, District Judge.

Introduction

Plaintiff The Detroit Edison Company ("Detroit Edison") has moved for remand of its federal and state law claims against defendants Michigan Department of Environmental Quality ("MDEQ") and Wayne County Department of Environment ("Wayne County"). The central issue before me is whether the Eleventh Amendment of the United States Constitution bars Detroit Edison's claims against MDEQ...

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