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U.S. v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

No. 08-6296.

591 F.3d 484 (2010)

UNITED STATES of America, Plaintiff-Appellant, Fayette County Neighborhood Council; Walter E. Gaffield; John Tucker; Mark W. Lowry; Stanley Williams; Jena Kemplin; Arthur Bryson; Kathleen C. Bryson; William Reynolds; Barbara Reynolds; Jim Lavorgna; Cheryl Lavorgna; Robert Scott; Celeste Scott et al., Intervenors-Appellees, Commonwealth of Kentucky, Plaintiff, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael T. Gray, United States Department of Justice, Washington, D.C., for Appellant. Scott White, Morgan & Pottinger, P.S.C., Lexington, Kentucky, for Appellees. ON BRIEF: Michael T. Gray, United States Department of Justice, Washington, D.C., for Appellant. Scott White, Morgan & Pottinger, P.S.C., Lexington, Kentucky, John C. Bender, Kelly D. Bartley, Greenebaum Doll & McDonald PLLC, Lexington, Kentucky, for Appellees.

ROGERS, J., delivered the opinion of the court, in which SILER, J., joined. GILMAN, J. (p. 491), delivered a separate opinion concurring with the lead opinion's analysis.

OPINION

ROGERS, Circuit Judge.

The district court in this case refused to approve a proposed settlement of a Clean Water Act suit brought by the United States and the Commonwealth of Kentucky against the Lexington-Fayette Urban County Government. The sticking point was a proposed civil penalty of $425,000 that the district court found could be better directed toward alleviating the conditions that violated the Clean Water Act. Such a concern by itself cannot...

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