Sierra Club, Inc. v. Electronic Controls Design, Inc.

GOODWIN, Chief Judge:

Sierra Club, Inc. appeals the refusal to enter a proposed consent judgment in its citizens’ suit against Electronic Controls Design (ECD) for alleged violations of the Federal Water Pollution Control Act (“Clean Water Act” or “the Act”), 33 U.S.C. § 1365 (1988). We reverse.

On February 23, 1987, the Sierra Club filed a citizens’ suit against ECD under section 505 of the Clean Water Act, 33 U.S.C. § 1365. See Sierra Club, Inc. v. Electronic Controls Design, 703 F.Supp. 875, 875-76 (D.Or.1989). The complaint alleged that ECD violated section 301(a) of the Act, 33 U.S.C. §…