Hudson River Sloop Clearwater v. Consolidated Rail Corp.

ELR Citation: ELR 20627
No(s). 82-CV-1307 (N.D.N.Y. Jul 2, 1984)

The court holds that state administrative enforcement bars a citizen suit under the Federal Water Pollution Control Act (FWPCA) even though plaintiff had no right to intervene in the state action and the state action was slow to bring about compliance. The court first rules that plaintiff environmen...