STUDENT PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC.
v.
FRITZSCHE, DODGE & OLCOTT, INC., Appellant.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 11, 1984.
Decided April 24, 1985.
Attorney(s) appearing for the Case
Sara Boyd Goodman, Joseph E. Irenas (Argued), McCarter & English, Newark, N.J., for appellant.
Bruce A. Terris (Argued), Carolyn A. Smith, Terris & Sunderland, Washington, D.C., Michael Gordon, Gordon & Gordon, West Orange, N.J., for appellee.
Nancy Firestone (Argued), Karen L. Florini, U.S. Dept. of Justice, Washington, D.C., for amicus; Colburn T. Cherney, Associate Gen. Counsel, Environmental Protection Agency, Washington, D.C., of counsel.
Susan C. Renis, Trenton, N.J., for Joseph H. Rodriguez, Public Advocate of State of N.J.
Before GARTH and HIGGINBOTHAM, Circuit Judges, and McGLYNN, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge:
In this interlocutory appeal1 we are asked to decide whether the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365(b)(1), precludes a private suit to enforce the provisions of the Clean Water Act where the Environmental Protection Agency ("EPA") had already commenced an administrative enforcement proceeding which resulted in a consent order between the EPA and the...
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