Concerned Area Residents for the Environment v. Southview Farm

OAKES, Senior Circuit Judge:

This is a citizen’s suit under the Clean Water Act of 1977, 33 U.S.C. §§ 1251 et seq. (1988 & Supp. IV 1992), (“CWA” or the “Act”), with some state law claims for nuisance, negligence and trespass. The suit arises on account of the liquid manure spreading operations of a large dairy farm in western New York. After denial of a motion to dismiss the complaint and of a motion for summary judgment, the case proceeded to jury trial. See Concerned Area Residents for the Env’t v. Southview Farm, 834 F.Supp. 1410 (W.D.N.Y.1993) (“CARE J”). Following a jury verdict in…