Legal Opinion
Kim McAbee v. City of Fort Payne
Court of Appeals for the Eleventh Circuit
Decided January 23, 2003No. 02-10149PublishedCited by 17 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
The question presented is whether the Alabama Water Pollution Control Act (the “AWPCA”), Ala.Code §§ 22-22-1 to 22-22-14, and the Alabama Environmental Management Act (the “AEMA”), Ala.Code §§ 22-22A-1 to 22-22A-16, constitute “State law comparable” to subsection 309(g) of the federal Clean Water Act (the “CWA”), 33 U.S.C. § 1319(g). Defendant-appellant City of Fort Payne, Alabama (the “City”) appeals the denial of its motion for summary judgment. The district court found that the Alabama statutory scheme and the CWA are not comparable and, therefore, allowed…
2Cases cited7 opinions
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Bendix Autolite Corp. v. Midwesco Enterprises, Inc.Supreme Court of the United States · 1988
- Jennifer Kimbrough v. Harden Manufacturing Corp.Court of Appeals for the Eleventh Circuit · 2002
- North and South Rivers Watershed Association, Inc. v. Town of ScituateCourt of Appeals for the First Circuit · 1992
- Rudolph Jones, Jr. Susan Jones Tandy Jones Gilliland v. City of Lakeland, Tennessee, a Tennessee Municipal CorporationCourt of Appeals for the Sixth Circuit · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Paper, Allied-Industrial, Chemical & Energy Workers International Union v. Continental Carbon Co.Court of Appeals for the Tenth Circuit · 2005
- Friends of Milwaukee's Rivers and Lake Michigan Federation v. Milwaukee Metropolitan Sewerage DistrictCourt of Appeals for the Seventh Circuit · 2004
- Dept. of Environmental Management v. LeafCourt of Civil Appeals of Alabama · 2007
- JEFFREY O. v. City of Boca RatonDistrict Court, S.D. Florida · 2007
- Soundkeeper, Inc. v. A & B Auto Salvage, Inc.District Court, D. Connecticut · 2014
12 more not listed; retrieve them via the Exa API.