Walsh Construction Co. v. City of Toledo

*1014 MEMORANDUM OPINION AND ORDER DENYING CLAIM FOR PERMANENT INJUNCTIVE RELIEF

JACK ZOUHARY, District Judge.

Introduction

The City of Toledo (“City”) has long struggled with sewer overflows. 1 Portions of the City’s sewer system collect both stormwater and wastewater from homes and businesses. Because of heavy rains, these combined sewers periodically overflow, threatening human health and the region’s ecosystem.

In 2002, the City and the U.S. Environmental Protection Agency entered into a 20-year consent decree, addressing in part the sewer overflow discharges. See United States v. City of Toledo,…