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COMMUNITY ASS'N FOR RESTORATION v. BOSMA DAIRY

Nos. 01-35261, 01-35351.

305 F.3d 943 (2002)

COMMUNITY ASSOCIATION FOR RESTORATION OF THE ENVIRONMENT, a Washington nonprofit corporation, Plaintiff-Appellee, v. HENRY BOSMA DAIRY, a Washington proprietorship aka Hank Bosma Dairy aka Bosma Dairy aka H & S Dairy aka H & S Bosma Dairy aka B & M Dairy; Liberty Dairy, a Washington proprietorship; Henry Bosma, owner and operator, Defendants-Appellants. Community Association for Restoration of the Environment, a Washington nonprofit corporation, Plaintiff-Appellant, v. Henry Bosma Dairy, a Washington proprietorship aka Hank Bosma Dairy aka Bosma Dairy aka H & S Dairy aka H & S Bosma Dairy aka B & M Dairy; Liberty Dairy, a Washington proprietorship; Henry Bosma, owner and operator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2002.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Eugene, OR, Richard C. Eymann, Eymann, Allison, Fennessy, Hunter & Jones, P.S., Spokane, WA, for plaintiff-appellee-appellant Community Association for Restoration of the Environment.

Jerry R. Neal, Spokane, WA, for defendants-appellants-appellees Henry Bosma Dairy, et al.

Before: REAVLEY, BRUNETTI and TROTT, Circuit Judges.

BRUNETTI, Circuit Judge.

This case arises from claims that two dairies discharged pollutants into navigable waters of the United States without a permit and in violation of water quality standards. We are called upon to decide two central issues.1 First, we must determine whether under the citizen suit provision of the Clean Water Act (CWA), 33 U.S.C. §§ 1251-1387 (2001), the plaintiffs' 60-day notice letter adequately notified...

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