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U.S. v. CITY OF DETROIT

No. 04-1047.

401 F.3d 448 (2005)

UNITED STATES of America, Wayne County Department of Health, Air Pollution Control Division, Plaintiffs, United States Army Corps of Engineers, Respondent-Appellant, v. The CITY OF DETROIT, People of the State of Michigan, Macomb County, County of Oakland, Wayne County, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 16, 2005.

Attorney(s) appearing for the Case

ON BRIEF: Todd S. Aagaard, United States Department of Justice, Washington, D.C., for Appellant. Mark D. Jacobs, Dykema Gossett, Detroit, Michigan, Joseph C. Basta, Jill M. Wheaton, Dykema Gossett, Ann Arbor, Michigan, John Fordell Leone, Office of the Attorney General, Lansing, Michigan, for Appellees.

Before: MOORE and SUTTON, Circuit Judges; CARMAN, Judge.

OPINION

MOORE, Circuit Judge.

On August 3, 2000, the City of Detroit ("Detroit") and the State of Michigan ("the State") entered into a consent judgment which required Detroit to dredge and dispose of contaminated sediment from Conner Creek, a channel connected to the Detroit River. Detroit wanted to dispose of the Conner Creek dredged material at Pointe Mouillee, a Confined Disposal Facility ("Pointe Mouillee CDF") operated by the United States Army Corps...

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