United States Sixth Circuit

Plaintiffs' action under the Clean Water Act is moot. By the time of summary judgment, the city had met its permit obligations by remedying the underlying problem, replacing a wastewater treatment plant at substantial cost; plaintiffs did not meet their FRCP rule 56 burden of proving that the challenged practices were likely to continue.

Appellate Information

• Decided 05/17/2004
• Published 05/17/2004

Judges

• Before:  SUHRHEINRICH, COLE and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John E. Eldridge,Robert R. Kurtz (briefed), Eldridge, Irvine & Gaines, Knoxville, TN, Kelly O. Herston (argued and briefed), Herston Law Office, Knoxville, TN, for Plaintiff-Appellant.


• For Appellees:
  
• Jon G. Roach (argued and briefed), Nathan D. Rowell (briefed), Watson & Hollow, Knoxville, TN, for Defendant-Appellee.