Jump to Navigation
Jump to Content

Chesapeake Bay Found. v. Gwaltney of Smithfield, Ltd.

ELR Citation: 18 ELR 20941
Nos. No. 85-1873, 844 F.2d 170/27 ERC 1505/(4th Cir., 04/13/1988) On remand

On remand from the Supreme Court's decision that citizen plaintiffs suing under §505 of the Federal Water Pollution Control Act must make a good-faith allegation of ongoing violation, the court concludes that plaintiffs' allegation in this case was adequate. Interpreting the Supreme Court's opinion to require plaintiffs to prove ongoing violation in order to prevail, the court remands the case to the district court for a determination of whether plaintiffs met their burden of proof.

[The Supreme Court's opinion is published at 18 ELR 20142. Previous opinions in this case appear at 15 ELR 20663 and 16 ELR 20636. Pleadings and briefs are digested at ELR PEND. LIT. 65837 and 65962.]

Counsel for Appellant
Patrick M. Raher
Hogan & Hartson
815 Connecticut Ave. NW, Washington DC 20036
(202) 331-4500

Counsel for Appellees
James Thornton
Natural Resources Defense Council, Inc.
122 E. 42nd St., New York NY 10168
(212) 949-0049

Before WINTER, Chief Judge, and RUSSELL and SPROUSE, Circuit Judges.