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Sierra Club v. SCM Corp.

ELR Citation: ELR 20183
Nos. No. CIV-82-1076T, 572 F. Supp. 828/20 ERC 1395/(W.D.N.Y., 10/17/1983) Ruling on diligent prosecution

The court holds that a consent order settling an administrative enforcement proceeding initiated by a state agency against the defendant for violation of Federal Water Pollution Control Act (FWPCA) permit standards is not diligent prosecution barring plaintiff's FWPCA §505 citizen suit....

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