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NATURAL RES. DEFENSE COUNCIL v. TEXACO REFINING

Civ. A. No. 88-263-JRR.

719 F.Supp. 281 (1989)

NATURAL RESOURCES DEFENSE COUNCIL, INC. and Delaware Audubon Society, Plaintiffs, v. TEXACO REFINING AND MARKETING, INC., Defendant.

United States District Court, D. Delaware.

August 18, 1989.

Attorney(s) appearing for the Case

Richard R. Cooch of Cooch & Taylor, Wilmington, Del., (James F. Simon, Nancy S. Marks and Nora J. Chorover of Natural Resources Defense Council, Inc., New York City, of counsel), for plaintiffs.

Richard D. Allen and Palmer L. Whisenant of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant.

OPINION

ROTH, District Judge.

Plaintiffs Natural Resources Defense Council ("NRDC") and Delaware Audubon Society have brought this citizen suit under the Federal Water Pollution Control Act ("FWPCA" or "the Act"), 33 USC section 1251 et seq., against Texaco Refining and Marketing, Inc., for alleged violations of a state-issued permit limiting effluent discharge from defendant's Delaware City oil refinery. Before the Court are the parties' cross-motions...

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