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MICHIGAN DEPT. OF ENVIRON. QUALITY v. U.S. E.P.A.

No. 01-3534.

318 F.3d 705 (2003)

MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY and its Director, Russell J. Harding; The Charter Township of Union, Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, Saginaw Chippewa Indian Tribe of Michigan, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2003.

Attorney(s) appearing for the Case

John Fordell Leone (argued and briefed), Office of the Attorney General, Lansing, MI, Gordon M. Bloem (briefed), Mt. Pleasant, MI, for Petitioners.

H. Michael Semler (argued and briefed), Environment & Natural Resource Division, Washington, D.C., for Respondent.

Steven G. Thorne (argued and briefed), Jacobson, Buffalo, Schoessler & Magnuson, St. Paul, MN, for Intervenor.

Before MERRITT and GILMAN, Circuit Judges; TARNOW, District Judge.

OPINION

MERRITT, Circuit Judge.

In this environmental case arising under section 402 of the Federal Water Pollution Control Act, 33 U.S.C. § 1342, the narrow question before us is one of procedural default. The Environmental Appeals Board held that the Michigan Department of Environmental Quality, a state agency, did not identify with sufficient clarity and specificity its objections to the actions of...

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