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PUBLIC INT. RESEARCH OF N.J. v. POWELL DUFFRYN

Nos. 89-5831, 89-5851 and 89-5861.

913 F.2d 64 (1990)

PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC. and Friends of the Earth v. POWELL DUFFRYN TERMINALS INC., Appellant, United States Environmental Protection Agency, Intervenor. PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC. and Friends of the Earth, Appellants v. POWELL DUFFRYN TERMINALS INC. PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC. and Friends of the Earth v. POWELL DUFFRYN TERMINALS INC. Appeal of William B. REILLY, in his capacity as Administrator, United States Environmental Protection Agency.

United States Court of Appeals, Third Circuit.

Decided August 20, 1990.

Rehearing Denied October 11, 1990.

Attorney(s) appearing for the Case

Nathan M. Edelstein (argued), Ridolfi, Friedman, Frank, Edelstein & Bernstein, Lawrenceville, N.J., for appellant/cross appellee Powell Duffryn Terminals, Inc.

Bruce J. Terris (argued), Kathleen L. Millian, Terris, Edgecombe, Hecker & Wayne, Washington, D.C., Edward Lloyd, Trenton, N.J., for appellee/cross appellant Public Interest Research Group of New Jersey, Inc. and Friends of the Earth.

Charles J. Sheehan (argued), Lee M. Kolker, U.S. Dept. of Justice, Land & Natural Resources Div., Office of Policy, Legislation and Sp. Litigation, Washington, D.C., for Intervenor U.S.E.P.A.

Before SCIRICA, NYGAARD and ALDISERT, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this Clean Water Act citizen suit, the district court granted summary judgment to plaintiffs Public Interest Research Interest Group of New Jersey and Friends of the Earth (collectively "PIRG"), finding that defendant Powell Duffryn Terminals, Inc. ("PDT") had violated its National Pollution Discharge Elimination System ("NPDES") permit 386 times over a period of six years. After a bench trial on the issue...

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