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NORTH & SOUTH RIVERS WATERSHED ASS'N v. SCITUATE

No. 91-1255.

949 F.2d 552 (1991)

NORTH AND SOUTH RIVERS WATERSHED ASSOCIATION, INC., Plaintiff, Appellant, v. TOWN OF SCITUATE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 27, 1991.

Rehearing and Rehearing Denied January 14, 1992.

Attorney(s) appearing for the Case

Gary D. Thomas with whom Kelly, Kethro, Flannigan & Thomas, Hanover, Mass., Peter Shelley, Darshan Brach, Conservation Law Foundation and Jonathan Kaledin, Boston, Mass., were on brief, for appellant.

Catherine M. Flanagan with whom Richard B. Stewart, Asst. Atty. Gen., Anne H. Shields, Anne S. Almy, and Nancy K. Stoner, Attys., Dept. of Justice, Environment & Natural Resources Div., and Mary St. Peter, Office of Enforcement, U.S. E.P.A., Washington, D.C., were on brief for U.S., amicus curiae.

Charles C. Caldart, National Environmental Law Center, Kenneth L. Kimmell and Bernstein and Bronstein, Boston, Mass., on brief, for Massachusetts Public Interest Research Group, Massachusetts Student Public Interest Research Group and Natural Resources Defense Council, amici curiae.

John W. Giorgio with whom Brian W. Riley and Kopelman and Paige, P.C., Boston, Mass., were on brief, for appellee.

Before TORRUELLA, Circuit Judge, HILL, Senior Circuit Judge, and SELYA, Circuit Judge.

Rehearing and Rehearing En Banc Denied January 14, 1992.

HILL, Senior Circuit Judge.

Appellant appeals from district court granting of Appellee's motion for summary judgment, claiming the district court erred in ruling Appellant's suit was barred under section 309 of the Federal Clean Water Act. Because the State had commenced and was diligently prosecuting an enforcement action under State law comparable to the Federal Act Appellant sought to enforce, we...

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