PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC., Friends of the Earth Appellants in No. 93-5721
v.
HERCULES, INC. Appellant in No. 93-5720.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 11, 1994.
Decided March 31, 1995.
Attorney(s) appearing for the Case
Carolyn S. Pravlik, Bruce J. Terris (Argued), Terris, Pravlik & Wagner, Washington, DC, for appellants in No. 93-5721.
Joel Schneider (Argued), Manta & Welge, Philadelphia, PA, for appellant in No. 93-5720.
David A. Nicholas, Charles C. Caldart, Boston, MA, for California Public Interest Research Group, Massachusetts Public Interest Research Group, Public Interest Research Group of Michigan, Illinois Public Interest Research Group, Ohio Public Interest Research Group and Washington Public Interest Research Group, Amicus Curiae in No. 93-5721.
Marianne Dugan, Michael Axline, Eugene, OR, Mark Van Putten, National Wildlife Federation, Great Lakes Natural Resource Center, Ann Arbor, MI, Charles M. Tebbutt, Allen, Lippes & Shonn, Buffalo, NY, Daniel Cooper, San Francisco Baykeeper, San Francisco, CA, for Atlantic States Legal Foundation, San Francisco Baykeeper, and National Wildlife Federation, amicus curiae in No. 93-5721.
Lois J. Schiffer, Acting Asst. Atty. Gen., Ellen J. Durkee, Evelyn S. Ying, Dept. of Justice Environment & Natural Resources Div., for the U.S. as amicus curiae.
Before: SLOVITER, Chief Judge, ROTH, Circuit Judge, and POLLAK, District Judge
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
ROTH, Circuit Judge:
Plaintiffs, Public Interest Research Group of New Jersey, Inc., (NJPIRG) and Friends of the Earth, Inc., (FOE) brought a citizen suit pursuant to the Federal Water Pollution Control Act (Clean Water Act or Act), 86 Stat. 816, 33 U.S.C. § 1251 et seq., against defendant Hercules, Inc. Pursuant to the Act, plaintiffs notified Hercules, the United States Environmental Protection Agency (EPA), and the New...
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