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PUBLIC INTEREST RESEARCH GROUP OF NEW NERSEY v. MAGNESIUM ELEKTRON, INC.

No. 96-5049.

123 F.3d 111 (1997)

PUBLIC INTEREST RESEARCH GROUP OF NEW JERSEY, INC.; Friends of the Earth New Jersey Department of Environmental Protection, Intervenor-Plaintiff, v. MAGNESIUM ELEKTRON, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided August 5, 1997.

Attorney(s) appearing for the Case

Bruce J. Terris (argued), Monica Wagner, Terris, Pravlik & Wagner, Washington, DC, for Appellees Public Interest Research Group of New Jersey, Inc. and Friends of the Earth.

Lawrence A. Salibra, II, (argued), John C. Tillman, Alcan Aluminum Corporation, Mayfield Heights, OH, for Appellant Magnesium Elektron.

George M. Moscarino, Arter & Hadden, Cleveland, OH, for Amicus appellants Arizona Association of Industries; California Manufacturers' Association; Delaware State Chamber of Commerce; Illinois Manufacturers' Association; Indiana Manufacturers Association; Associated Industries of Missouri; Business Council of New York State, Inc.; Pennsylvania Manufacturers' Association; and Wisconsin Manufacturers & Commerce.

Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, DC for Amicus-Appellant Washington Legal Foundation.

Before: ALITO, ROTH and LEWIS, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

Pursuant to the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365(a), Public Interest Research Group (PIRG) and Friends of the Earth (FOE) have sued Magnesium Elektron, Inc. (MEI) for violating the terms of its National Pollution Discharge Elimination System (NPDES) permit. PIRG and FOE obtained a declaratory judgment from a New Jersey District Court establishing that they had standing to prosecute...

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