171713P.pdf   04/09/2018  City of Kennett, MO  v.  EPA
   U.S. Court of Appeals Case No:  17-1713
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
   [PUBLISHED] [Benton, Author, with Colloton and Erickson, Circuit Judges] 
   Civil case - Clean Water Act. City waived a claim by failing to mention or 
   argue for summary judgment on the claim and by failing to respond to the 
   EPA's motion for summary judgment on the claim; with respect to its 
   remaining claims and the issue of standing, the City established injury in 
   fact as it would incur costs in complying with any new limits on pollution 
   discharge from its waste water plant; similarly, the injury was impending; 
   the City also established redressability, and it had standing to bring 
   this action; the case is ripe, and the district court erred in granting 
   the EPA summary judgment based on a lack of standing and ripeness; the EPA 
   also argues that the City waived its remaining claims by failing to raise 
   them in the administrative process; because it would be beneficial to 
   permit the district court to address this issue in the first instance, the 
   matter is remanded for further proceedings on this question and, if 
   necessary, the merits of the issues.