Legal Opinion
Concerned Area Residents for the Environment v. Southview Farm
District Court, W.D. New York
Decided April 7, 1993No. 91-CV-6031LPublishedCited by 23 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
BACKGROUND 1
This is a citizen suit under the Federal Water Pollution Control Act, also known as the Clean Water Act (“CWA” or “the Act”), 33 U.S.C. § 1251 et seq. Plaintiffs are individual landowners residing near Southview Farm in Wyoming County, New York, who refer to themselves collectively as Concerned Area Residents for the Environment (“CARE”). Defendants are the farm itself (a partnership) and Richard Popp, who is one of the two partners.
The amended complaint asserts a cause of action under 33 U.S.C. § 1365, as well as pendent state causes of…
2Cases cited41 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Sierra Club v. MortonSupreme Court of the United States · 1972
- City of Burlington v. DagueSupreme Court of the United States · 1992
- Hoptowit v. RayCourt of Appeals for the Ninth Circuit · 1982
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
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3Cited by23 opinions
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- State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White EagleCourt of Appeals of Tennessee · 2001
- Waste Management of Pennsylvania, Inc. v. City of YorkDistrict Court, M.D. Pennsylvania · 1995
- Williams Pipe Line Co. v. Bayer Corp.District Court, S.D. Iowa · 1997
- Washington Wilderness Coalition v. Hecla Mining Co.District Court, E.D. Washington · 1994
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