FRIENDS OF THE EARTH v. GASTON COPPER RECYCLING

No. 06-1714.

629 F.3d 387 (2011)

FRIENDS OF THE EARTH, INCORPORATED; Citizens Local Environmental Action Network, Incorporated, Plaintiffs-Appellees, v. GASTON COPPER RECYCLING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 5, 2011.


Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Gaba , Gardere, Wynne & Sewell, LLP, Dallas, Texas, for Appellant. Kathleen L. Millian , Terris, Pravlik & Millian, LLP, Washington, D.C., for Appellees. ON BRIEF: Stacy R. Obenhaus , Gardere, Wynne & Sewell, LLP, Dallas, Texas, for Appellant. Bruce J. Terris , Carolyn Smith Pravlik , Aamra S. Ahmad , Terris, Pravlik & Millian, LLP, Washington, D.C., for Appellees.

Affirmed in part, reversed in part, and remanded by published opinion. Judge KEENAN wrote the opinion, in which Chief Judge TRAXLER and Judge DAVIS joined.


OPINION

KEENAN, Circuit Judge:

In this appeal, we consider whether Friends of the Earth, Inc. (FOE) and Citizens Local Environmental Action Network, Inc. (CLEAN), (collectively, the plaintiffs), maintained standing to prosecute a citizen suit asserting violations of the Clean Water Act, 33 U.S.C. §§ 1251-1387, against Gaston Copper Recycling Corporation (Gaston). Before the district court's entry of a final judgment order, William Shealy, a CLEAN...

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