Legal Opinion
United States of America, Appellant/cross-Appellee v. City of Kansas City, Kansas, Appellee/cross-Appellant
Court of Appeals for the Tenth Circuit
Decided May 14, 1985No. 82-2366, 82-2370PublishedCited by 30 opinions
1Opinion of the Court
McKAY, Circuit Judge.
At issue in this appeal is the award of attorneys’ fees, expert witness fees, and other costs under 33 U.S.C. § 1365 (1976), the citizen suit provisions of the Federal Water Pollution Control Act.
The case began as a civil enforcement proceeding brought by the United States Government, on behalf of its Environmental Protection Agency, against Kansas City, Kansas. All of the claims made by the EPA have been resolved by a consent decree.
The City asserted a counterclaim against the United States under 33 U.S.C. § 1365, in which it alleged that it had been arbitrarily and…
2Cases cited8 opinions
- United States v. TestanSupreme Court of the United States · 1976
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Dry Creek Lodge, Inc., a Wyoming Corporation v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1975
- Citizens' Bank v. CannonSupreme Court of the United States · 1896
- The Amalgamated Sugar Company and U & I Incorporated v. Bob Bergland, Secretary of AgricultureCourt of Appeals for the Tenth Circuit · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Thompson v. GibsonCourt of Appeals for the Tenth Circuit · 2002
- Amoco Production Company v. Donald P. Hodel, Secretary of Department of the Interior, DefendantsCourt of Appeals for the Fifth Circuit · 1987
- Rogers v. InkCourt of Appeals for the Tenth Circuit · 1985
- Hull v. United StatesCourt of Appeals for the Tenth Circuit · 1992
- Green v. SeymourCourt of Appeals for the Tenth Circuit · 1995
25 more not listed; retrieve them via the Exa API.