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NATURAL RESOURCES DEFENSE COUNCIL v. TEXACO REFINING AND MARKETING, INC.

Civ. A. No. 88-263-JRR.

800 F.Supp. 1 (1992)

NATURAL RESOURCES DEFENSE COUNCIL, INC. and Delaware Audubon Society, Plaintiffs, v. TEXACO REFINING AND MARKETING, INC., Defendant.

United States District Court, D. Delaware.

August 13, 1992.

Attorney(s) appearing for the Case

C. Scott Reese of Cooch & Taylor, Wilmington, Del. Mitchell S. Bernard and Joseph H. Guth, of Natural Resources Defense Council, Inc., New York City (of counsel), for plaintiffs.

Richard D. Allen and Palmer L. Whisenant of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendant.

OPINION

ROTH, Circuit Judge.*

Plaintiffs, Natural Resources Defense Council ("NRDC") and Delaware Audubon Society, brought a citizen suit under the Federal Water Pollution Control Act (the "Clean Water Act" or the "Act"), 33 U.S.C. § 1251 et seq., against Texaco Refining and Marketing Inc. ("Texaco"), for alleged violations of a state-issued permit limiting effluent discharge from Defendant's Delaware City oil refinery...

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