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U.S. v. MISSOURI

No. 08-3399.

578 F.3d 722 (2009)

UNITED STATES of America, Plaintiff, State of Missouri, Plaintiff-Appellant, v. Metropolitan St. Louis Sewer District, Defendant-Appellee, MISSOURI Coalition for the Environment Foundation; Missouri Industrial Energy Consumers, Intervenors. Metropolitan St. Louis Sewer District, Counter Claimant-Appellee, v. State of Missouri, Counter Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2009.

Attorney(s) appearing for the Case

John K. McManus, AAG, argued, Matthew Barton Briesacher, AAG, Joseph P. Bendbeutel, Senior Chief Counsel, Office of Attorney General, on the brief, Jefferson City, MO, for appellant.

Thomas J. Grever, argued, Kansas City, MO, Terry J. Satterlee, David R. Erickson, Kansas City, MO, Robert F. Murray, John Gianoulakis, St. Louis, MO, on the brief, for appellee.

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

MURPHY, Circuit Judge.

The United States and the State of Missouri filed this enforcement action against the Metropolitan St. Louis Sewer District (District) under the Clean Water Act (Act), 33 U.S.C. § 1251 et seq. (2009). They seek federal civil penalties and injunctive relief to limit discharges of untreated wastewater and sewage by the District. The District raised several affirmative defenses claiming financial...

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