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U.S. v. METROPOLITAN ST. LOUIS SEWER DIST.

No. 08-3404.

569 F.3d 829 (2009)

UNITED STATES of America; State of Missouri, Plaintiffs-Appellees, v. METROPOLITAN ST. LOUIS SEWER DISTRICT, Defendant-Appellee, Missouri Coalition for the Environment Foundation, Intervenor-Appellee, Missouri Industrial Energy Consumers, Intervenor-Appellant. Metropolitan St. Louis Sewer District, Counter Claimant, v. State of Missouri, Counter Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: June 22, 2009.

Attorney(s) appearing for the Case

Kenneth Lee Marshall, argued, Dale A. Guarigla and Bruce C. Oetter, on the brief, St. Louis, MO, for appellant.

Elizabeth J. Hubertz, argued, St. Louis, MO, Sarah B. Kovenock (law student), for Appellee Missouri Coalition for the Environment Foundation.

Sambhav N. Sankar, argued, Washington, DC, for Appellee USA.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

The Missouri Industrial Energy Consumers (MIEC), an association of businesses formed to address its members' concerns about utility services, moved to intervene in an enforcement action filed against the Metropolitan St. Louis Sewer District (District) by the United States and the State of Missouri under the Clean Water Act, 33 U.S.C. § 1251 et seq. The district court1 denied the motion for lack of standing...

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