Public Interest Research Group of New Jersey, Inc. v. Magnesium Elektron, Inc.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ROTH, Circuit Judge:
Pursuant to the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365(a), Public Interest Research Group (PIRG) and Friends of the Earth (FOE) have sued Magnesium Elektron, Inc. (MEI) for violating the terms of its National Pollution Discharge Elimination System (NPDES) permit. PIRG and FOE obtained a declaratory judgment from a New Jersey District Court establishing that they had standing to prosecute their action against MEI. See PIRG v. MEI, 34 ERC 2077, 1992 WL 16314 (D.N.J.1992) (hereinafter MEI I). This Court affirmed the district court…
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