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GWALTNEY OF SMITHFIELD, LTD. v. CHESAPEAKE BAY FOUNDATION, INC.

No. 86-473.

484 U.S. 49 (1987)

GWALTNEY OF SMITHFIELD, LTD. v. CHESAPEAKE BAY FOUNDATION, INC., ET AL.

Supreme Court of United States.

Decided December 1, 1987

Attorney(s) appearing for the Case

E. Barrett Prettyman, Jr., argued the cause for petitioner. With him on the briefs were Richard J. M. Poulson, Patrick M. Raher, Catherine James LaCroix, and John G. Roberts, Jr.

Louis F. Claiborne argued the cause for respondents. With him on the brief were Jeter M. Watson and James Thornton.*

JUSTICE MARSHALL delivered the opinion of the Court.

In this case, we must decide whether § 505(a) of the Clean Water Act, also known as the Federal Water Pollution Control Act, 33 U. S. C. § 1365(a), confers federal jurisdiction over citizen suits for wholly past violations.

I

The Clean Water Act (Act), 86 Stat. 816, 33 U. S. C. § 1251 et seq. (1982 ed. and Supp. III), was enacted in...

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