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NATURAL RESOURCES DEFENSE COUNCIL v. TEXACO

Nos. 92-7494, 92-7521, 92-7522 and 92-7527.

2 F.3d 493 (1993)

NATURAL RESOURCES DEFENSE COUNCIL, INC; Delaware Audubon Society, Appellants in Nos. 92-7522, 92-7527, v. TEXACO REFINING AND MARKETING, INC., Appellant in Nos. 92-7494, 92-7521.

United States Court of Appeals, Third Circuit.

Decided August 12, 1993.

Attorney(s) appearing for the Case

Richard D. Allen (argued) and R. Judson Scaggs, Jr., Morris, Nichols, Arsht & Tunnel, Wilmington, DE, for appellant/cross-appellee.

Mitchell S. Bernard (argued) Natural Resources Defense Council, Inc., New York City and C. Scott Reese, Cooch & Taylor, Wilmington, DE, for appellees/cross-appellants.

Before: SCIRICA, COWEN and GARTH, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

Plaintiffs, Natural Resources Defense Council, Inc. and Delaware Audubon Society (collectively "NRDC"), brought this citizen suit pursuant to section 505 of the Federal Water Pollution Control Act, 33 U.S.C. § 1365 ("Clean Water Act" or "Act"). The complaint alleges that Texaco Refining and Marketing, Inc. ("Texaco") repeatedly violated National Pollution Discharge Elimination...

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