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PA. ENV. DEFENSE FOUNDATION v. BELLEFONTE BOROUGH

Civ. No. 88-0992.

718 F.Supp. 431 (1989)

PENNSYLVANIA ENVIRONMENTAL DEFENSE FOUNDATION, Plaintiff, v. BELLEFONTE BOROUGH, Defendant.

United States District Court, M.D. Pennsylvania.

As Amended July 31, 1989.

Attorney(s) appearing for the Case

John E. Childe, Jr., Hummelstown, Pa., for plaintiff.

James M. Sheehan, Barbara Reynolds, Goldberg, Katzman & Shipman, P.C., Harrisburg, Pa., David A. Flood, Bellefonte, Pa., for defendant.

Amelia S. Salzman, Louise F. Milkman, Land & Natural Resources Div., Policy, Legislation and Sp. Litigation Section, Washington, D.C., for U.S.

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

I. Introduction.

Pennsylvania Environmental Defense Foundation (the Foundation) commenced this citizen suit pursuant to 33 U.S.C. § 1365 (which is § 505 of the Clean Water Act, also known as the Federal Water Pollution Control Act, see Gwaltney of Smithfield v. Chesapeake Bay Foundation, Inc., 484 U.S. 49, ___, 108 S.Ct. 376, 378, 98 L.Ed.2d 306...

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