ATLANTIC STATES LEGAL FOUNDATION, INC., Plaintiff-Appellant,
v.
EASTMAN KODAK COMPANY, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 10, 1993.
Decided December 14, 1993.
As Amended February 3, 1994.
Attorney(s) appearing for the Case
Charles M. Tebbutt, Buffalo, NY (Edward Cooper, Allen, Lippes & Shonn, Buffalo, NY, of counsel), for plaintiff-appellant.
Philip H. Gitlen, Albany, NY (Elizabeth M. Morss, Carl F. Patka, Whiteman Osterman & Hanna, Albany, NY, of counsel), for defendant-appellee.
Robert Abrams, Atty. Gen. of the State of New York, Peter Schiff, Deputy Sol. Gen., James A. Sevinsky, Val Washington, Asst. Attys. Gen., Albany, NY, of counsel, for State of New York as amicus curiae.
Michael Axline, Western Environmental Law Clinic, Eugene, OR, Katherine Kennedy, James Simon, National Resources Defense Council, New York City, James R. May, Widener University School of Law Environmental Law Clinic, Wilmington, DE, Matthew McKeown, Joel Morton, David Simonaitis, Jennifer Wright, Law Students, of counsel, for Natural Resources Defense Council, et al. as amicus curiae in support of appellant.
Theodore L. Garrett, Corinne A. Goldstein, Covington & Burling, Washington, DC, David F. Zoll, Sarah M. Brozena, Chemical Mfrs. Ass'n, Robin S. Conrad, Nat. Chamber Litigation Center, Cindy Evans, American Forest and Paper Association, Ellen Siegler, American Petroleum Institute, Washington, DC, of counsel, for Chemical Mfrs. Ass'n, et al. as amicus curiae in support of appellee.
Before: WINTER, McLAUGHLIN, and JACOBS, Circuit Judges.
United States Court of Appeals, Second Circuit.
WINTER, Circuit Judge:
This appeal raises the issue of whether private groups may bring a citizen suit pursuant to Section 505 of the Federal Water Pollution Control Act (commonly known as the Clean Water Act), 33 U.S.C. § 1365, to stop the discharge of pollutants not listed in a valid permit issued pursuant to the Clean Water Act ("CWA" or "the Act"), 33 U.S.C. § 1342 (1988). We hold that the discharge of unlisted pollutants is not unlawful under the CWA...
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