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WASH PIRG v. PENDLETON WOOLEN MILLS

No. 92-35105.

11 F.3d 883 (1993)

WASHINGTON PUBLIC INTEREST RESEARCH GROUP ("WASHPIRG"), Plaintiff-Appellant, v. PENDLETON WOOLEN MILLS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 1, 1993.

Attorney(s) appearing for the Case

Charles C. Caldart and David A. Nicholas, Nat. Environmental Law Center, Boston, MA, and Corrie J. Yackulic, Schroeter, Goldmark & Bender, Seattle, WA, for plaintiff-appellant.

Jeffrey W. Leppo, Bogle & Gates, Seattle, WA, for defendant-appellee.

Nancy K. Stoner, U.S. Dept. of Justice, Washington, DC, for amicus-curiae.

Before: WALLACE, Chief Judge, BOOCHEVER and NOONAN, Jr., Circuit Judges.

WALLACE, Chief Judge:

On this appeal we decide whether citizens may bring a suit seeking penalties against a violator of the Clean Water Act, 33 U.S.C. § 1251 et seq. (Act), when the Environmental Protection Agency (EPA) has already instituted an administrative compliance action in the same matter. The district court had jurisdiction over the Washington Public Interest Research Group's (WashPIRG) citizen suit against Pendleton Woolen Mills, Inc. (Pendleton...

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