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Love v. New York State Dep't of Envtl. Conservation

Citation: 12 ELR 20571
No. No. 80 Civ. 5081, 529 F. Supp. 832/17 ERC 2083/(S.D.N.Y., 12/07/1981)

The court rules that state and local officials cannot be held liable under federal law for a developer's pollution of plaintiff's pond, but that a citizen suit under the Federal Water Pollution Control Act (FWPCA) may proceed against the developer notwithstanding the state's prosecution of an enforcement action....

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