United States Fourth Circuit

In a suit alleging that pig farms had violated the Clean Water Act (CWA), 33 U.S.C. section 1251, although the district court erred in denying the defendants' standing motion, the court's decision on the merits of the standing issue was correct in light of all of the evidence before it. The district court failed to make the requisite findings necessary to establish CWA jurisdiction.

Appellate Information

• Decided 04/16/2003
• Published 04/16/2003

Judges

• Before WIDENER and LUTTIG, Circuit Judges, and BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard Edward Schwartz, Crowell & Moring, L.L.P., Washington, D.C., for Appellants.  Carolyn Smith Pravlik, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellees.   ON BRIEF:  Kirsten L. Nathanson, Crowell & Moring, L.L.P., Washington, D.C.;   Jenna F. Butler, Ward & Smith, P.A., Wilmington, North Carolina;  Reef C. Ivey, II, Ward & Smith, P.A., Raleigh, North Carolina, for Appellants.   Bruce J. Terris, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellees.