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SIERRA CLUB v. ELECTRONIC CONTROLS DESIGN

Civ. No. 87-905-MA.

703 F.Supp. 875 (1989)

SIERRA CLUB, INC., Plaintiff, v. ELECTRONIC CONTROLS DESIGN, INC., Defendant.

United States District Court, D. Oregon.

January 6, 1989.

Attorney(s) appearing for the Case

Victor M. Sher, Todd D. True, Corrie J. Yackulic, Sierra Club Legal Defense Fund, Inc., Seattle, Wash., Richard A. Parrish, Portland, Or., for plaintiff.

Richard S. Gleason, Steven L. Pfeiffer, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for defendant.

Roger J. Marzulla, Asst. Atty. Gen., Charles J. Sheehan, Atty., Land & Natural Resources Div., Policy, Legislation and Sp. Litigation Section, Washington, D.C., Charles H. Turner, Thomas C. Lee, U.S. Atty.'s Office, Portland, Or., for U.S.

OPINION

MARSH, District Judge.

INTRODUCTION

This action was filed by the Sierra Club pursuant to the citizen suit provision of the Federal Water Pollution Control Act ("Clean Water Act" or "Act"), 33 U.S.C. § 1365(a). This section states that "any citizen may commence a civil action on his own behalf" against any person who is in violation of the Act. The Sierra Club alleges that Electronic Controls...

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