CHESAPEAKE BAY FOUNDATION, INC.; Natural Resources Defense, Plaintiffs-Appellees,
v.
GWALTNEY OF SMITHFIELD, LTD., Defendant-Appellant,
United States of America, Amicus Curiae,
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.https://leagle.com/images/logo.png
April 13, 1988.
April 13, 1988.
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 defendant-appellant.
James Thornton, Natural Resources Defense Council, Inc., New York City, and Jeter M. Watson, Chesapeake Bay Foundation, Inc., Ashland, Va., for plaintiffs-appellees.
Joseph E. Lees, Dept. of Justice (F. Henry Habicht II, Asst. Atty. Gen., Nancy B. Firestone and David C. Shilton, Dept. of Justice, Glenn Unterberger, Elizabeth Ojala, Office of Enforcement and Compliance Monitoring, E.P.A., Bruce J. Terris, Nathalie V. Black, Washington, D.C., on brief), for amicus curiae.
Before WINTER, Chief Judge, and RUSSELL and SPROUSE, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
We again consider this case on remand from the Supreme Court's decision in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.,484 U.S. 49, 108 S.Ct. 376, 98 L.Ed.2d 306 (1987). In Gwaltney, the Supreme Court held that § 505(a) of the Clean Water Act, 33 U.S.C. § 1365(a), does not confer federal jurisdiction over citizen suits for wholly past...
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