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FRIENDS OF THE EARTH v. LAIDLAW ENVIRONMENTAL SERVICES

Civ. A No. 3:92-1697-17.

890 F.Supp. 470 (1995)

FRIENDS OF THE EARTH, INC.; Citizens Local Environmental Action Network, Inc.; and Sierra Club, Plaintiffs, v. LAIDLAW ENVIRONMENTAL SERVICES (TOC), INC., Defendant.

United States District Court, D. South Carolina, Columbia Division.

Order Denying Reconsideration and Denying Certification of Question July 10, 1995.

Attorney(s) appearing for the Case

Bruce J. Terris, Mark V. Dugan, Terris, Pravlik, & Wagner, Washington, DC, James Stuart Chandler, Jr., South Carolina Environmental Law Project, Pawleys Island, SC, Robert Guild, Columbia, SC, for plaintiffs.

Donald A. Cockrill, Ogletree, Deakins, Nash, Smoak & Stewart, Atlanta, GA, Michael S. Thwaites, Ogletree, Deakins, Nash, Smoak & Stewart, Greenville, SC, for defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

JOSEPH F. ANDERSON, Jr., District Judge.

I. INTRODUCTION

Laidlaw Environmental Services (TOC), Inc. ("Laidlaw"), owns and operates a hazardous waste incinerator in Roebuck, South Carolina. As part of that facility, Laidlaw maintains a wastewater treatment plant for water used in the incineration process. Laidlaw discharges the treated wastewater into the North Tyger River pursuant to a National Pollutant...

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