Chesapeake Bay Foundation, Inc. v. Gwaltney of Smithfield, Ltd.

We again consider this case on remand from the Supreme Court's decision in *171Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., — U.S. —, 108 S.Ct. 376, 98 L.Ed.2d 306 (1987). In Gwaltney, the Supreme Court held that § 505(a) of the Clean Water Act, 33 U.S.C. § 1365(a), does not confer federal jurisdiction over citizen suits for wholly past violations, but does permit such suits when there is a pattern of intermittent violations, even if there is no violation at the moment suit is filed. Upon due consideration of the supplemental memoranda filed by the parties, we remand to the…