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

No. 88-1317.

890 F.2d 690 (1989)

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

United States Court of Appeals, Fourth Circuit.

Decided November 30, 1989.

Attorney(s) appearing for the Case

E. Barrett Prettyman, Jr. (Patrick M. Raher, John G. Roberts, Jr., Catherine J. LaCroix, Hogan & Hartson, Washington, D.C., Anthony F. Troy, George A. Somerville, Mays & Valentine, Richmond, Va., on brief), for defendant-appellant.

James Kevin Thornton (James F. Simon, Natural Resources Defense Council, Inc., Patrick M. McSweeney, McSweeney, Burtch & Crump, Richmond, Va., Ann Powers, Chesapeake Bay Foundation, Inc., Annapolis, Md., on brief), for plaintiffs-appellees.

Before RUSSELL and SPROUSE, Circuit Judges, and KAUFMAN, Senior District Court Judge for the District of Maryland, sitting by designation.

SPROUSE, Circuit Judge:

This case, a frequent visitor in this court, continues to present serious issues concerning the interpretation of § 505 of the Clean Water Act (the Act). Gwaltney of Smithfield, Ltd. (Gwaltney), appeals the finding of the district court that plaintiffs-appellees Chesapeake Bay Foundation, Inc. (CBF), and Natural Resources Defense Council, Inc. (NRDC), proved ongoing violations by Gwaltney at the time suit was brought. Gwaltney also raises...

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