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UPPER CHATTAHOOCHEE RIVERKEEPER FUND v. ATLANTA

Nos. 10-10711, 10-10718.

701 F.3d 669 (2012)

UPPER CHATTAHOOCHEE RIVERKEEPER FUND, INC., et al., Plaintiffs, v. CITY OF ATLANTA, Defendant-Third-Party-Plaintiff-Appellee, v. City of Sandy Springs, Third-Party-Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 19, 2012.

Attorney(s) appearing for the Case

Frank B. Strickland , Anne Ware Lewis , Bryan P. Tyson , Strickland, Brockington, Lewis, LLP, Wendall K. Willard , Atlanta, GA, for Third-Party-Defendant-Appellant.

Curtis Allen Garrett, Jr. , Susan H. Richardson , Aaron J. Ross , Susan A. Cahoon , Ronald Lee Raider , Kilpatrick, Townsend & Stockton, LLP, Marc Philip Goncher , Rajan Bhandari , Elizabeth B. Chandler , Renee McGee Shepherd , Linda Katherine DiSantis , Susan Pease Langford , City of Atlanta Law Dept., Richard A. Horder , Kazmarek, Geiger & Laseter LLP, Sarah Ingram Mills , City of Atlanta Dept. of Watershed Management, Atlanta, GA, for Defendant-Third-Party-Plaintiff-Appellee.

Before CARNES, KRAVITCH and FARRIS, Circuit Judges.

PER CURIAM:

A federal Clean Water Act lawsuit filed against the City of Atlanta in 1995 resulted in two consent decrees requiring Atlanta to clean up its sewer system. Ten years later Sandy Springs incorporated, which led to state court proceedings to determine whether Atlanta would be allowed to continue to supply Sandy Springs with water. Atlanta had pledged its water service revenue as part of the collateral for bonds that were issued to finance its compliance...

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