Legal Opinion
National Wildlife Federation v. Consumers Power Company
Court of Appeals for the Sixth Circuit
Decided December 1, 1988No. 87-1441PublishedCited by 73 opinions
1Opinion of the Court
BOGGS, Circuit Judge.
Defendant-appellant Consumers Power Company (Consumers) appeals from the district court order requiring it to apply for a permit, pursuant to § 402 of the Clean Water Act (CWA), 33 U.S.C. § 1342, for the Ludington hydro-electric facility’s release of turbine generating water containing entrained fish (live and dead fish, and fish remains) into Lake Michigan. The facility is jointly owned by Consumers (51%) and Detroit Edison Company (49%). The court held that the Ludington facility’s release of turbine generating water containing entrained fish is subject to the CWA’s…
2Cases cited13 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Kaiser Aetna v. United StatesSupreme Court of the United States · 1979
- United States v. William R. Lambert, Lucille H. Lambert, and Richard Angel, Individually and D/B/A Southern Seafood Co. Of FloridaCourt of Appeals for the Eleventh Circuit · 1983
- E. I. Du Pont De Nemours & Co. v. CollinsSupreme Court of the United States · 1977
8 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Roland C. Dubois and Restore: The North Woods v. United States Department of Agriculture, and Loon Mountain Recreation CorporationCourt of Appeals for the First Circuit · 1996
- Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
- Friends of the Everglades v. South Florida Water Management DistrictCourt of Appeals for the Eleventh Circuit · 2009
- Sierra Club, Lone Star Chapter v. Cedar Point Oil Co.Court of Appeals for the Fifth Circuit · 1996
- Committee to Save Mokelumne River, a California Non-Profit Corporation v. East Bay Municipal Utility District, a California Municipal Utility DistrictCourt of Appeals for the Ninth Circuit · 1993
68 more not listed; retrieve them via the Exa API.