United States Eighth Circuit
US v. Metropolitan St. Louis Sewer Dist., 08-3399
In an enforcement action brought under the Clean Water Act, district court judgment is affirmed where the State of Missouri waived its sovereign immunity by choosing to proceed as a plaintiff in the Clean Water enforcement action, and thus the court did not err when it denied the state's motion to strike defendant's affirmative defenses and dismiss its counterclaims.
Appellate Information
- Decided 08/03/2009
- Published 08/03/2009
Judges
- MURPHY, Circuit Judge., Before WOLLMAN, MURPHY, and JOHN R. GIBSON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- John K. McManus, AAG, argued, Matthew Barton Briesacher, AAG, Joseph P. Bendbeutel, Senior Chief Counsel, Office of Attorney General, on the brief, Jefferson City, MO, for appellant.
- For Appellees:
- Thomas J. Grever, argued, Kansas City, MO, Terry J. Satterlee, David R. Erickson, Kansas City, MO, Robert F. Murray, John Gianoulakis, St. Louis, MO, on the brief, for appellee.