UNITED STATES v. CITY OF FT. SMITH, ARKANSAS

No. 21-2127.

48 F.4th 900 (2022)

UNITED STATES of America; State of Arkansas, Plaintiffs-Appellees v. CITY OF FORT SMITH, ARKANSAS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2022.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Frank Paul Calamita, III , of Richmond, VA. The following attorney(s) appeared on the appellant brief; Jerry L. Canfield , of Fort Smith, AR, and Colby T Roe , of Fort Smith, AR.

Counsel who presented argument on behalf of the appellee was John Emad Arbab, of Washington, DC. The following attorney(s) appeared on the appellee brief; Ellen J Durkee , of Washington, DC, Kenneth G. Long , of Washington, DC, Nicole Veilleux , of Washington, DC.

Before SMITH, Chief Judge, BENTON and KELLY, Circuit Judges.


On April 6, 2015, the district court1 entered a Consent Decree between the City of Fort Smith, Arkansas (the City), and the United States Environmental Protection Agency (EPA) along with the State of Arkansas.2 The Consent Decree imposed various sewer system improvement...

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