[Download] "City Of Mount Clemens V. United States Environmental Protection Agency" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

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eBook details

• Title: City Of Mount Clemens V. United States Environmental Protection Agency
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 25, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 84 KB

Description

On November 7, 1988, plaintiff City of Mount Clemens ("the City") initiated this action to compel defendants: the United States Environmental Protection Agency ("EPA"); Lee M. Thomas, EPA Administrator; Valdas V. Adamkus, EPA Regional Administrator; and David F. Hales, the Director of the Michigan Department of Natural Resources ("MDNR") (collectively "defendants"), to certify the City's local wastewater treatment plant for a federal construction grant. The complaint alleged that defendants' refusal to certify the City's plant is arbitrary and capricious, in violation of the Federal Water Control Act Amendments of 1972 ("the Clean Water Act"), 33 U.S.C. §§ 1281 et seq., and 40 C.F.R. §§ 35.100 et seq., the federal regulations governing construction grants for local wastewater treatment plants. On May 1, 1989, the district court entered an order which affirmed the magistrate's March 10, 1989 order limiting discovery to the administrative record and to whether the administrative decision makers complied with federal statutes and regulations. On May 31, 1989, the district court issued a final judgment denying the City's motion for a preliminary injunction to sequester federal funds to satisfy the City's grant application. The district court also granted defendants' motions for summary judgment as the City failed to exhaust its state administrative remedies. For the reasons stated below, we AFFIRM the district court's order limiting the scope of discovery and that portion of its final judgment which denied the preliminary injunction. However, we REVERSE that portion of the district court's final judgment which granted defendants' motion for summary judgment and dismissed the City's case without prejudice.

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