US v. Metropolitan St. Louis Sewer Dist., No. 08-3399
In an enforcement action brought under the Clean Water Act, district court judgment is affirmed where the State of Missouri waived its sovereign immunity by choosing to proceed as a plaintiff in the Clean Water enforcement action, and thus the court did not err when it denied the state's motion to strike defendant's affirmative defenses and dismiss its counterclaims.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: August 3, 2009
Filed: August 3, 2009
Before WOLLMAN, MURPHY, and JOHN R. GIBSON, Circuit Judges.
Opinion by MURPHY, Circuit Judge.