Detroit Edison Co. v. Michigan Department of Environmental Quality

OPINION AND ORDER

FEIKENS, District Judge.

Introduction

Plaintiff The Detroit Edison Company (“Detroit Edison”) has moved for remand of its federal and state law claims against defendants Michigan Department of Environmental Quality (“MDEQ”) and Wayne County Department of Environment (“Wayne County”). The central issue before me is whether the Eleventh Amendment of the United States Constitution bars Detroit Edison’s claims against MDEQ from removal jurisdiction, even though MDEQ does not raise the Amendment as a defense. This issue presents a question of first impression in light of the Supreme…