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CONNECTICUT ACTION NOW. INC. v. ROBERTS PLATING CO.

No. 255, Docket 71-1674.

457 F.2d 81 (1972)

CONNECTICUT ACTION NOW, INC., et al., Plaintiffs-Appellants, v. ROBERTS PLATING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 21, 1972.

Attorney(s) appearing for the Case

David B. Beizer, New Haven, Conn., for plaintiffs-appellants.

Charles J. Negaro, Waterbury, Conn., for defendant-appellee.

Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, and Bernie Rothbaum, Jr., Attys., Dept. of Justice, Washington, D. C., for the United States, amicus curiae.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Judge.

DAVIS, Judge:

This is the eighth recorded attempt in the last year or two by environmentalists to have a federal court hold that private persons may sue in qui tam for fines under §§ 13 and 16 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 407, 411, even though the Department of Justice fails or refuses to proceed under those provisions. The previous decisions have all been adverse,1 as was the ruling below...

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