Atlantic States Legal Foundation, Inc. And Rainbow Alliance for a Clean Environment, Inc. v. Pan American Tanning Corporation

FEINBERG, Circuit Judge:

Plaintiffs Atlantic States Legal Foundation, Inc. (ASLF) and Rainbow Alliance for a Clean Environment, Inc. (Rainbow Alliance), appeal from an order of the United States District Court for the Northern District of New York, Neal P. McCurn, Ch.J., dismissing as moot their citizen suit against defendant Pan American Tanning Corp. (Pan American), brought under the Clean Water Act (the Act), 33 U.S.C. § 1251 et seq., 807 F.Supp. 230. The question presented is whether a citizen suit for injunctive relief and for civil penalties under § 505 of the Act is moot when, following…