[Download] "Michigan Peat v. United States Environmental Protection Agency" by Sixth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free

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eBook details

• Title: Michigan Peat v. United States Environmental Protection Agency
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 28, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

Plaintiff, Michigan Peat, a division of Bay-Houston Towing Co., filed a declaratory action against defendants, the United States of America, the United States Environmental Protection Agency ("EPA"), the Regional Administrator of Region V of the EPA ("Region V Administrator"), the State of Michigan, the Michigan Department of Environmental Quality ("MIDEQ"), and the Director of the MIDEQ ("Director"), generally seeking a finding that defendants (1) acted contrary to the regulations and statutory law that govern the unified Clean Water Act ("CWA") Section 404 program, and (2) violated Michigan Peats constitutional rights. The district court dismissed the action against the federal defendants for lack of subject-matter jurisdiction and dismissed the action against the state defendants on grounds that the suit was barred by the Eleventh Amendment. For the following reasons, we AFFIRM the dismissal of the action against the state defendants and REVERSE the dismissal of the action against the federal defendants.

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