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NATURAL RESOURCES DEFENSE COUNCIL v. TEXACO REFINING AND MARKETING, INC.

No. 89-3684.

906 F.2d 934 (1990)

NATURAL RESOURCES DEFENSE COUNCIL, INC.; Delaware Audubon Society v. TEXACO REFINING AND MARKETING, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 20, 1990.

Attorney(s) appearing for the Case

Richard D. Allen (argued), Palmer L. Whisenant, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for appellant.

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

Bruce J. Terris, Karen H. Edgecombe, Terris, Edgecombe, Hecker & Wayne, Washington, D.C., for amici curiae Public Interest Research Group of New Jersey, Inc., and Friends of the Earth.

Roger J. Marzulla, Hillary J. Salans, Powell, Goldstein, Frazer & Murphy, Washington, D.C., Ann Powers, Chesapeake Bay Foundation, Inc., Annapolis, Md., for amicus curiae Chesapeake Bay Foundation, Inc.

Before HIGGINBOTHAM, Chief Judge, COWEN and NYGAARD, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This appeal arises out of a citizen suit filed by the Natural Resources Defense Council, Inc. and the Delaware Audubon Society (collectively referred to hereafter as "the NRDC") under § 505 of the Clean Water Act ("the Act"), 33 U.S.C. § 1365 (1982 and Supp. III), alleging that Texaco Refining and Marketing, Inc. ("Texaco") illegally discharged effluent into the...

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