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United States v. Detroit, City of

ELR Citation: 35 ELR 20060
Nos. No. 04-1047, (6th Cir., 03/16/2005) Appeal dismissed

The Sixth Circuit dismissed as moot the U.S. Army Corps of Engineers' (Corps') appeal of an injunction requiring it to accept contaminated material dredged from a waterbody connected to the Detroit River. A settlement agreement between Michigan and the city of Detroit required the city to dredge and dispose of the contaminated material. Over the Corps' objections, the city was awarded an injunction to dispose of the material at the Corps facility. But the city voluntarily decided that it no longer requires the use of that facility. Thus, the appeal is moot.

[Prior decisions in this litigation are published at 31 ELR 20307 and 33 ELR 20200].