Legal Opinion
Student Public Interest Research Group of New Jersey, Inc. v. Fritzsche, Dodge & Olcott, Inc.
Court of Appeals for the Third Circuit
Decided April 24, 1985No. 84-5390PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
GARTH, Circuit Judge:
In this interlocutory appeal 1 we are asked to decide whether the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365(b)(1), precludes a private suit to enforce the provisions of the Clean Water Act where the Environmental Protection Agency (“EPA”) had already commenced an administrative enforcement proceeding which resulted in a consent order between the EPA and the company alleged to have violated the Act. The district court concluded that the private action was not barred inasmuch as the EPA’s administrative enforcement action was not a…
2Cases cited10 opinions
- Environmental Protection Agency v. California Ex Rel. State Water Resources Control BoardSupreme Court of the United States · 1976
- Environmental Protection Agency v. National Crushed Stone Ass'nSupreme Court of the United States · 1980
- Student Public Interest Research Group of New Jersey, Inc. v. Fritzsche, Dodge & Olcott, Inc.District Court, D. New Jersey · 1984
- Baughman v. Bradford Coal Co.Court of Appeals for the Third Circuit · 1979
- Love v. New York State Department of Environmental ConservationDistrict Court, S.D. New York · 1981
5 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Group Against Smog & Pollution, Inc. v. Shenango Inc.Court of Appeals for the Third Circuit · 2016
- Friends of the Earth v. Consolidated Rail Corp.Court of Appeals for the Second Circuit · 1985
- Sierra Club v. Chevron U.S.A., Inc.Court of Appeals for the Ninth Circuit · 1987
- Sun Buick, Inc. v. Saab Cars Usa, Inc.Court of Appeals for the Third Circuit · 1994
- Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.District Court, D. South Carolina · 1995
47 more not listed; retrieve them via the Exa API.