USA v. DTE Energy Company, et al

Filing

OPINION and JUDGMENT filed : The district court s grant of summary judgment to DTE Energy Company is REVERSED, and the case is REMANDED for further proceedings consistent with the opinion of this court. Decision for publication. Alice M. Batchelder (CONCURRING IN THE JUDGMENT), Martha Craig Daughtrey (AUTHORING), and John M. Rogers (DISSENTING), Circuit Judges. [14-2274, 14-2275]

Case: 14-2274

Document: 40-3

Filed: 01/10/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 14-2274/2275
UNITED STATES OF AMERICA (14-2274),
Plaintiff - Appellant,
SIERRA CLUB (14-2275),
Intervenor Plaintiff - Appellant,

FILED
Jan 10, 2017
DEBORAH S. HUNT, Clerk

v.
DTE ENERGY COMPANY and DETROIT EDISON
COMPANY,
Defendants - Appellees.
Before: BATCHELDER, DAUGHTREY, and ROGERS, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s grant of summary
judgment to DTE Energy Company is REVERSED, and the case is REMANDED for further
proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

____________________________________
Deborah S. Hunt, Clerk