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CHESAPEAKE BAY FOUND. v. GWALTNEY OF SMITHFIELD

No. 85-1873.

791 F.2d 304 (1986)

CHESAPEAKE BAY FOUNDATION, INC.; Natural Resources Defense, Appellees, v. GWALTNEY OF SMITHFIELD, LTD., Appellant, United States of America, Atlantic States Legal Foundation, Connecticut Fund for the Environment, Friends of the Earth, Sierra Club, and Student Public Interest Research Group of New Jersey, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1986.

Attorney(s) appearing for the Case

Patrick M. Raher (David J. Hayes, Catherine J. LaCroix, Hogan & Hartson, Washington, D.C., Anthony F. Troy, George A. Somerville, Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for appellant.

James Thornton, Natural Resources Defense Council, Inc., New York City, and Jeter M. Watson, Chesapeake Bay Foundation, Inc., Ashland, Va., for appellees.

Joseph E. Lees, Dept. of Justice (F. Henry Habicht II, Asst. Atty. Gen., Nancy B. Fireston and David C. Shilton, Dept. of Justice, Glenn Unterberger, Elizabeth Ojala, Office of Enforcement and Compliance Monitoring, Environmental Protection Agency, Bruce J. Terris, Nathalie V. Black, Washington, D.C., on brief), for amicus curiae.

Before WINTER, Chief Judge, and RUSSELL and SPROUSE, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Plaintiffs Chesapeake Bay Foundation ("CBF") and National Resources Defense Council ("NRDC") filed a "citizen suit" under section 505 of the Clean Water Act, 33 U.S.C. § 1365, against defendant Gwaltney of Smithfield, Inc. ("Gwaltney"), alleging violations of the pollutant effluent limits contained in Gwaltney's National Pollutant Discharge Elimination System ("NPDES") permit, issued pursuant to section 402 of the Act, 33 U.S...

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