United States v. City of Fort Smith, and the State of Arkansas

BRIGHT, Circuit Judge.

The City of Fort Smith, Arkansas, appeals from the district court’s order denying the City’s motion for modification of a consent decree. The City contends that the district court erred in refusing to hear evidence in support of the motion. We vacate the district court’s order denying the motion to modify, and remand this case to the district court for further proceedings.

I. BACKGROUND.

The City of Fort Smith owns and operates two sewage treatment plants. In April 1983, the United States filed suit charging the City with discharging polluted water in violation of effluent…