United States Fourth Circuit
Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., 06-1714
In plaintiff's suit against a former owner of a metals smelting facility for violations of the Clean Water Act, district court's judgment is affirmed in part, reversed in part and remanded where: 1) the plaintiffs maintained standing throughout their suit in the district court; 2) based on the legal insufficiency of portions of the notice letter, the district court erred in finding violations and imposing penalties for all but the three violations for pH and copper; and 3) the district court erred in assessing penalties for 54 days of violations that were wholly past when the plaintiffs filed their complaint.
Appellate Information
- Argued 09/22/2010
- Decided 01/05/2011
- Published 01/05/2011
Judges
Court
- United States Fourth Circuit
Counsel
- For Appellant:
- Jeffrey M. Gaba, Kathleen L. Millian