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NEBRASKA EX REL. STENBERG v. U.S.

No. 00-2410.

238 F.3d 946 (2001)

STATE of Nebraska, ex rel. Don STENBERG, Attorney General of the State of Nebraska, Appellant, City of Grand Island, Plaintiff, v. UNITED STATES of America; Environmental Protection Agency; Carol M. Browner, Administrator of the United States Environmental Protection Agency, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2001.

Attorney(s) appearing for the Case

Donald B. Stenberg, argued, pro se.

Sean H. Donahue, argued, U.S. Dept. of Justice, Washington, DC (Lois J. Schiffer, Asst. Atty. Gen., Thomas J. Monaghan, U.S. Atty., Sally R. Johnson, Asst. U.S. Atty., Lincoln, NE, Michele L. Walter, U.S. Dept. of Justice, Washington, DC, on the brief), for appellee.

Before LOKEN and MAGILL, Circuit Judges, and BATTEY, District Judge.

MAGILL, Circuit Judge.

The State of Nebraska and the City of Grand Island, Nebraska (together, "Nebraska"), filed suit in district court2 against the United States, the Environmental Protection Agency (the "EPA"), and EPA Administrator Carol M. Browner, seeking a declaration that the Safe Drinking Water Act (the "Act"), 42 U.S.C. §§ 300f-300j (2000), is unconstitutional because it exceeds Congress's powers under the Commerce...

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