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CONCERNED AREA RESIDENTS v. SOUTHVIEW FARM

No. 91-CV-6031L.

834 F.Supp. 1410 (1993)

CONCERNED AREA RESIDENTS FOR THE ENVIRONMENT, et al., Plaintiffs, v. SOUTHVIEW FARM and Richard Popp, Defendants.

United States District Court, W.D. New York.

April 7, 1993.

Attorney(s) appearing for the Case

Donald W. O'Brien, Woods, Oviatt, Gilman, Sturman & Clarke, Alan J. Knauf, Alan J. Knauf & Associates, P.C., Robert J. Burke, Burke & Rzepka, Rochester, NY, for plaintiffs.

John W. Clarke, Althena Jamesson, Harris, Beach & Wilcox, Rochester, NY, for defendants.

Jeffery H. Kirby, Glenmont, NY, for New York Farm Bureau, Inc. and American Farm Bureau amicus curiae.

DECISION AND ORDER

LARIMER, District Judge.

BACKGROUND1

This is a citizen suit under the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA" or "the Act"), 33 U.S.C. § 1251 et seq. Plaintiffs are individual landowners residing near Southview Farm in Wyoming County, New York, who refer to themselves collectively as Concerned Area Residents for the Environment ("CARE...

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