1. Home
  2. Browse Decisions
  3. F.3d
  4. 34 F.3d
  5. 34 F.3d 114 (1994)
 

CONCERNED RESIDENTS FOR ENVIRN. v. SOUTHVIEW FARM

No. 1608, Docket 93-9229.

34 F.3d 114 (1994)

CONCERNED AREA RESIDENTS FOR THE ENVIRONMENT; Philip Karcheski; Kathleen Karcheski, Individually and as Parents and Legal Guardians of Brian Karcheski and Robyn Karcheski, Infants; Lois E. Link; Daniel L. Wilson; William A. Fagan; Betty C. Fagan; Jeffrey Ferris; Linda Ferris, Individually and as Parents and Legal Guardians of Chad J. Ferris, Stacey P. Ferris and Shawn W. Ferris; Kirk Schroeder, Individually and as Parent and Legal Guardian of Stacy L. Schroeder, Kirk Bly and Vickie Bly, Plaintiffs-Appellants, v. SOUTHVIEW FARM and Richard H. Popp, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 2, 1994.

Attorney(s) appearing for the Case

Donald W. O'Brien, Jr., Rochester, NY (Woods, Oviatt, Gilman, Sturman & Clarke; Alan J. Knauf, Knauf, Craig & Doran, P.C., of counsel), for plaintiffs-appellants.

John W. Clarke, Rochester, NY (James H. Ferreira, Harris Beach & Wilcox, of counsel), for defendants-appellees.

(Jeffrey H. Kirby, Glenmont, NY), for New York Farm Bureau, Inc. and American Farm Bureau Federation, amici curiae.

(John J. Rademacher and Michael J. Stientjes, Park Ridge, IL, of counsel), for American Farm Bureau Federation, amicus curiae.

(Lois J. Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, Environmental and Natural Resources Div., Washington, DC (Anne S. Almy, Nancy K. Stoner, Mark R. Haag; Stephen J. Sweeney, Office of General Counsel, Joseph G. Theis, Office of Enforcement, U.S.E.P.A., of counsel)), for U.S., amicus curiae.

Before: OAKES and MINER, Circuit Judges, and CARTER, Senior District Judge.

OAKES, Senior Circuit Judge:

This is a citizen's suit under the Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq. (1988 & Supp. IV 1992), ("CWA" or the "Act"), with some state law claims for nuisance, negligence and trespass. The suit arises on account of the liquid manure spreading operations of a large dairy farm in western New York. After denial of a motion to dismiss the complaint and of a motion for summary judgment, the case proceeded to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases