Legal Opinion

United States v. City of Detroit

District Court, E.D. Michigan

Decided October 22, 2003No. CIV.77-71100PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

FEIKENS, District Judge.

INTRODUCTION

On November 22, 2000, I ordered the Army Corps of Engineers (Corps) to accept dredged materials from Conner Creek at its Confined Disposal Facility (CDF) at Pointe Mouillee. The Corps appealed. On remand, the en banc court for the United States Court of Appeals for the Sixth Circuit has ordered me to rule on the following issues: (1) whether Detroit could have sued the Corps under the Administrative Procedures Act (APA), and if so, whether “exceptional circumstances” nonetheless exist to justify use of the All Writs Act; and (2) whether the…

2Cases cited19 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Bennett v. SpearSupreme Court of the United States · 1997
  3. Steffel v. ThompsonSupreme Court of the United States · 1974
  4. State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
  5. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. United States v. City of DetroitCourt of Appeals for the Sixth Circuit · 2005
  2. United States v. The City Of DetroitCourt of Appeals for the Sixth Circuit · 2005

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