Kelley ex rel. Michigan v. United States

OPINION

ENSLEN, District Judge.

This case is currently before the Court on Defendants’ two pending dispositive motions. On July 13,1984, Defendants filed a motion to dismiss Plaintiffs’ complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP) or in the alternative for summary judgment pursuant to FRCP 56(b). In this motion, Defendants contend that Plaintiffs’ claim under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (Clean Water Act or CWA), fails to state a claim upon which relief can be granted. Defendants also argue that Plaintiffs’ state law…