FRIENDS OF THE EARTH, INCORPORATED; Citizens Local Environmental Action Network, Incorporated; Sierra Club, Plaintiffs-Appellants,
v.
LAIDLAW ENVIRONMENTAL SERVICES (TOC), INCORPORATED, Defendant-Appellee.
South Carolina Chamber of Commerce; Environmental Management Association of South Carolina; South Carolina Manufacturers Alliance; California Public Interest Research Group; Florida Public Interest Research Group; Illinois Public Interest Research Group; Massachusetts Public Interest Research Group; Public Interest Research Group in Michigan; Public Interest Research Group of New Jersey; Ohio Public Interest Research Group; Oregon State Public Interest Research Group; Washington Public Interest Research Group; United States of America; South Carolina Department of Health and Environmental Control, Amici Curiae.
FRIENDS OF THE EARTH, INCORPORATED; Citizens Local Environmental Action Network, Incorporated; Sierra Club, Plaintiffs-Appellees,
v.
LAIDLAW ENVIRONMENTAL SERVICES (TOC), INCORPORATED, Defendant-Appellant.
South Carolina Chamber of Commerce; Environmental Management Association of South Carolina; South Carolina Manufacturers Alliance; California Public Interest Research Group; Florida Public Interest Research Group; Illinois Public Interest Research Group; Massachusetts Public Interest Research Group; Public Interest Research Group in Michigan; Public Interest Research Group of New Jersey; Ohio Public Interest Research Group; Oregon State Public Interest Research Group; Washington Public Interest Research Group; United States of America; South Carolina Department of Health and Environmental Control, Amici Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued March 5, 1998.
Decided July 16, 1998.
Attorney(s) appearing for the Case
ARGUED: Bruce J. Terris (argued), Terris, Pravlik & Wagner, Washington, D.C., for Appellants. Donald Alan Cockrill, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellee. ON BRIEF: Carolyn Smith Pravlik, Terris (briefed), Pravlik & Wagner, Washington, D.C.; James S. Chandler, Jr., South Carolina Environmental Law Project, Pawleys Island, South Carolina, for Appellants. Kristofer K. Strasser, Jack D. Todd, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Greenville, South Carolina, for Appellee. Deborah Ann Hottel, McNair Law Firm, P.A., Columbia, South Carolina; Thomas S. Mullikin, Mullikin Law Firm, Camden, South Carolina, for Amici Curiae Chamber of Commerce, et al. Charles C. Caldart, David A. Nicholas, National Environmental Law Center, Boston, Massachusetts, for Amici Curiae California Public Interest, et al. Lois J. Schiffer, Assistant Attorney General, James F. Simon, Deputy Assistant Attorney General, Martin W. Matzen, Thomas A. Mariani, Jr., Julie B. Kaplan, United States Department of Justice, Washington, D.C.; Susan Lepow, Associate General Counsel, Richard Witt, Office of General Counsel, David Drelich, Senior Attorney, Office of Enforcement and Compliance Assurance, United States Environmental Protection Agency, Washington, D.C., for Amicus Curiae United States. Carlisle Roberts, Jr., Samuel L. Finklea, III, William A. Ready, III, South Carolina Department of Health and Environmental Control, Columbia, South Carolina, for Amicus Curiae Department of Health.
Before WILKINS and HAMILTON, Circuit Judges, and BROADWATER, United States District Judge for the Northern District of West Virginia, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge HAMILTON and Judge BROADWATER joined.
OPINION
WILKINS, Circuit Judge:
Plaintiffs Friends of the Earth, Inc. (FOE), Citizens Local Environmental Action Network, Inc. (CLEAN), and Sierra Club appeal an order of the district court penalizing Laidlaw Environmental Services (TOC), Inc. (Laidlaw) for violations of a National Pollutant Discharge Elimination System...
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