Legal Opinion
Friends of the Earth v. Consolidated Rail Corp.
Court of Appeals for the Second Circuit
Decided July 19, 1985No. Nos. 942, 1122, 745 and 894, Docket 85-7033, 85-7073, 84-7701 and 84-7715PublishedCited by 73 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
We have consolidated these two appeals for opinion, although they were argued separately,1 because they arise from similar facts and present a common legal question: whether enforcement actions by the New York State Department of Environmental Conservation (DEC) against Consolidated Rail Corporation (Conrail) that culminated in consent orders preclude the institution of citizen suits under section 505 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or Act), 33 U.S.C. § 1365 (1982). We conclude that they do not.
Hudson River Sloop…
2Cases cited18 opinions
- Sierra Club v. MortonSupreme Court of the United States · 1972
- United States v. TurketteSupreme Court of the United States · 1981
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
- Garcia v. United StatesSupreme Court of the United States · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by73 opinions
- Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber CompanyCourt of Appeals for the Ninth Circuit · 2000
- Ernest Dague, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette v. City of BurlingtonCourt of Appeals for the Second Circuit · 1991
- Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
- Pmc, Inc. v. Sherwin-Williams CompanyCourt of Appeals for the Seventh Circuit · 1998
- Animal Legal Defense Fund, Inc. v. GlickmanCourt of Appeals for the D.C. Circuit · 1998
68 more not listed; retrieve them via the Exa API.