ELR Citation: ELR 20183
No(s). CIV-82-1076T (W.D.N.Y. Oct 17, 1983)

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. Section 505...