CHESAPEAKE BAY FOUND. v. GWALTNEY OF SMITHFIELD

Civ. A. No. 84-0366-R.

688 F.Supp. 1078 (1988)

CHESAPEAKE BAY FOUNDATION, INC., Natural Resources Defense Council, Inc., Plaintiffs, v. GWALTNEY OF SMITHFIELD, LTD., Defendant.

United States District Court, E.D. Virginia, Richmond Division.

July 18, 1988.


Attorney(s) appearing for the Case

Jeter M. Watson, Chesapeake Bay Foundation, Richmond, Va., James Thornton, Natural Resources Defense Council, Inc., New York City, Ann Powers Gailis, Scott Burns, Chesapeake Bay Foundation, Inc., Annapolis, Md., for plaintiffs.

H. Woodrow Crook, Jr., Smithfield, Va., Anthony F. Troy, James E. Ryan, Jr., George A. Somerville, Mays, Valentine, Davenport & Moore, Richmond, Va., for Gwaltney of Smithfield, Ltd.

J. Robert Brame, III, McGuire, Woods & Battle, Richmond, Va., for Ralston.


MEMORANDUM

MERHIGE, District Judge.

This matter comes before the Court on remand from the Court of Appeals for the Fourth Circuit. The Fourth Circuit, acting on the mandate of the Supreme Court in Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., ___ U.S. ___, 108 S.Ct. 376, 98 L.Ed.2d 306 (1987), remanded this case for further findings on whether the citizen-plaintiffs have proved an ongoing violation of the Clean Water Act, 33 U.S...

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