Legal Opinion
Atlantic States Legal Foundation, Inc. v. Eastman Kodak Company
Court of Appeals for the Second Circuit
Decided February 3, 1994No. 1624, Docket 93-7091PublishedCited by 50 opinions
1Opinion of the Court
WINTER, Circuit Judge:
This appeal raises the issue of whether private groups may bring a citizen suit pursuant to Section 505 of the Federal Water Pollution Control Act (commonly known as the Clean Water Act), 33 U.S.C. § 1365, to stop the discharge of pollutants not listed in a valid permit issued pursuant to the Clean Water Act (“CWA” or “the Act”), 33 U.S.C. § 1342 (1988). We hold that the discharge of unlisted pollutants is not unlawful under the CWA. We also hold that private groups may not bring such a suit to enforce New York State environmental regulations.
BACKGROUND
Appellee Eastman…
2Cases cited10 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
- Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1985
- E. I. Du Pont De Nemours & Co. v. TrainSupreme Court of the United States · 1977
- United States Department of Energy v. OhioSupreme Court of the United States · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Quebell P. Parker v. Scrap Metal ProcessorsCourt of Appeals for the Eleventh Circuit · 2004
- Piney Run Preservation Ass'n v. County Commissioners of Carroll CountyCourt of Appeals for the Fourth Circuit · 2001
- Borough of Upper Saddle River v. Rockland County Sewer District 1District Court, S.D. New York · 2014
- Village of Oconomowoc Lake v. Dayton Hudson CorporationCourt of Appeals for the Seventh Circuit · 1994
- Tiegs v. WattsWashington Supreme Court · 1998
45 more not listed; retrieve them via the Exa API.