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KENTUCKY, ENVIRON. AND PUBLIC v. LOUISVILLE

Civil Action No. 3:05CV-236-S.

542 F.Supp.2d 668 (2008)

Commonwealth of KENTUCKY, ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, Plaintiff and United States of America, Plaintiff-Intervener v. LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT, Defendant.

United States District Court, W.D. Kentucky, at Louisville.

February 14, 2008.

Attorney(s) appearing for the Case

Brenda Gail Lowe, David A. Smart, Kentucky Environmental & Public Protection Cabinet, Frankfort, KY, for Plaintiff.

Steven A. Keller, U.S. Department of Justice, Washington, DC, for Plaintiff-Intervener.

Janice M. Theriot, Laurence John Zielke, Pedley Zielke Gordinier & Pence, PLLC, Louisville, KY, for Defendant.

William F. Campbell, U.S. Attorney Office, Louisville, KY.

MEMORANDUM OPINION

CHARLES R. SIMPSON III, District Judge.

This matter is before the court on motion of the defendant, Louisville and Jefferson County Metropolitan Sewer District ("MSD"), for judicial resolution of a dispute purportedly arising under the Consent Agreement entered in this case (DN 24). For the reasons set forth herein, the motion will be denied.

In April, 2005, the Kentucky Environmental and Public Protection Cabinet filed...

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