United States First Circuit

In a citizen suit under the Resource Conservation and Recovery Act involving river pollution, judgment for defendant is affirmed over defendant's arguments that: 1) the plaintiffs lacked standing to sue; 2) the lower court set the bar too low for RCRA citizen suits; 3) the court abused its discretion in fashioning relief.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

• SELYA, Circuit Judge., Before SELYA and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Carter G. Phillips, with whom Joseph R. Guerra, J. Andrew Schlickman, John M. Heyde, and Sidley Austin LLP were on brief, for appellant.


• For Appellees:
  
• Mitchell S. Bernard, with whom Nancy S. Marks, Eric J. Uhl, and Moon, Moss & Shapiro, P.A. were on brief, for appellees.