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SIERRA CLUB, LONE STAR CHAP. v. CEDAR POINT OIL

Nos. 94-20461, 95-20227.

73 F.3d 546 (1996)

SIERRA CLUB, LONE STAR CHAPTER, Plaintiff-Counter Defendant-Appellee, v. CEDAR POINT OIL COMPANY INC., Defendant-Counter Claimant-Appellant. SIERRA CLUB, LONE STAR CHAPTER, Plaintiff-Counter Defendant-Appellant, v. CEDAR POINT OIL COMPANY INC., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 11, 1996.

Attorney(s) appearing for the Case

Robert Baxter Wiygul, Denver, CO, David O'Brien Frederick, Henry, Lowerre, Johnson, Hess and Frederick, Austin, TX, for plaintiff-counter defendant-appellee.

David K. McGowan, Jackson, MS, James A. Becker, Jr., John H. Downey, Jackson, MS, for defendant-counter claimant-appellant.

Before REYNALDO G. GARZA, KING and HIGGINBOTHAM, Circuit Judges.

KING, Circuit Judge:

These consolidated appeals arise from an action brought by Sierra Club, Lone Star Chapter ("Sierra Club"), against Cedar Point Oil Company ("Cedar Point") under the citizen suit provision of the Clean Water Act ("CWA"), 33 U.S.C. § 1365. Sierra Club alleged that Cedar Point was violating the CWA by discharging produced water into Galveston Bay without a permit and sought civil penalties and an order enjoining the unpermitted discharge. Cedar...

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