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U.S. v. CITY OF DETROIT

Nos. 11-2517, 11-2569.

712 F.3d 925 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. CITY OF DETROIT; Detroit Water and Sewerage Department, et al., Defendants-Appellees, Michigan AFSCME Council 25 (AFL-CIO), (11-2517); American Federation of State, County & Municipal Employees (AFSCME) Local 207 and Senior Accountants, Analysts and Appraisers Association (SAAA), (11-2569), Intervenors-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 8, 2013.

Attorney(s) appearing for the Case

ARGUED: Herbert A. Sanders , The Sanders Law Firm, Detroit, Michigan, for Appellant in 11-2517. George B. Washington , Scheff, Washington & Driver, P.C., Detroit, Michigan, for Appellants in 11-2569. Robert J. Franzinger , Dykema Gossett PLLC, Detroit, Michigan, for Appellees City of Detroit in 11-2517 and 11-2569. ON BRIEF: Herbert A. Sanders , The Sanders Law Firm, Detroit, Michigan, for Appellant in 11-2517. George B. Washington , Scheff, Washington & Driver, P.C., Detroit, Michigan, for Appellants in 11-2569. Robert J. Franzinger , Dykema Gossett PLLC, Detroit, Michigan, Jill M. Wheaton , Dykema Gossett PLLC, Ann Arbor, Michigan, for Appellee City of Detroit in 11-2517 and 11-2569, R. Craig Hupp , Bodman PLC, Detroit, Michigan, for Appellee Macomb County in 11-2569.

BOGGS, J., delivered the opinion of the court, in which STAFFORD, D. J., joined. CLAY, J. (pp. 14-39), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

This case arises out of a long-standing federal environmental compliance action against the Detroit Water and Sewerage Department ("DWSD"), which for over 30 years has been unable to achieve sustained compliance with the Clean Water Act and state environmental laws. In the most recent round of violations and court orders, a federal district judge in the Eastern District of Michigan attempted to begin a final resolution of the...

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