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MICHIGAN PEAT v. U.S. E.P.A.

No. 98-1595.

175 F.3d 422 (1999)

MICHIGAN PEAT, A DIVISION OF BAY-HOUSTON TOWING COMPANY, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; United States of America; Regional Administrator of Region V of the United States Environmental Protection Agency; State of Michigan; Michigan Department of Environmental Quality; Director of the Michigan Department of Environmental Quality, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Steven D. Weyhing (argued and briefed), Butzel Long, Ann Arbor, MI, for Plaintiff-Appellant.

Robert L. Klarquist (argued and briefed), U.S. Department of Justice, Land & Natural Resources Division, Washington, DC, for Defendant-Appellee United States Environmental Protection Agency.

S. Peter Manning (argued and briefed), Office of Attorney General, Environmental Protection Division, Lansing, MI, for Defendants-Appellees State of Michigan, Michigan Department of Environmental Quality and Rusell J. Harding.

Before: SILER, BATCHELDER, and COLE, Circuit Judges.

OPINION

SILER, Circuit Judge.

Plaintiff, Michigan Peat, a division of Bay-Houston Towing Co., filed a declaratory action against defendants, the United States of America, the United States Environmental Protection Agency ("EPA"), the Regional Administrator of Region V of the EPA ("Region V Administrator"), the State of Michigan, the Michigan Department of Environmental Quality ("MIDEQ"), and the Director of the MIDEQ ("Director"), generally seeking a finding...

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