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SIERRA CLUB v. ELECTRONIC CONTROLS DESIGN

No. 89-35120.

909 F.2d 1350 (1990)

SIERRA CLUB, INC., Plaintiff-Appellant, v. ELECTRONIC CONTROLS DESIGN, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1990.

Attorney(s) appearing for the Case

Victor M. Sher, Sierra Club Legal Defense Fund, Seattle, Wash., for plaintiff-appellant.

Amelia S. Salzmans, Anne H. Shields, Attys., Dept. of Justice, Washington, D.C., for amicus.

Before GOODWIN, Chief Judge, and FERGUSON and FERNANDEZ, Circuit Judges.

GOODWIN, Chief Judge:

Sierra Club, Inc. appeals the refusal to enter a proposed consent judgment in its citizens' suit against Electronic Controls Design (ECD) for alleged violations of the Federal Water Pollution Control Act ("Clean Water Act" or "the Act"), 33 U.S.C. § 1365 (1988). We reverse.

On February 23, 1987, the Sierra Club filed a citizens' suit against ECD under section 505 of the Clean Water Act, 33 U.S.C. § 1365. See Sierra Club,...

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