The likelihood that a federal district court will agree that individuals can bring a qui tam suit under the Refuse Act, 33 U.S.C. §§407 and 411, and collect half of any fine levied appears less likely after the February 8, 1971, consolidated decision in Bass Anglers Sportsman Society v. United States Steel Corp., consolidating Civ. Actions No. 70-733 (N.D. Ala.), 3124-N (M.D. Ala.), and 6290-70-T (S.D. Ala.) (N.D., M.D. & S.D. Ala. February 8, 1971).

Plaintiff Society originally brought its action in the Federal District Court for the Middle District of Alabama against 175 corporations located in Alabama that were allegedly discharging refuse in violation of the Refuse Act, 33 U.S.C. §407, or in violation of Corps permits issued under that act. Moreover, plaintiff sought to have these 175 corporations declared representatives of a class of defendants, to include all persons within the state who were violating the act. Joined as non-class defendants were the Secretary of the Army, the Director of the Corps of Engineers and the State Water Improvement Commission and its chairman. Venue considerations caused a transfer of the claims against various defendants to the Northern and Southern Federal District Courts of Alabama and the defendants were reduced to 14 corporations and the governmental defendants. The class aspects of the suit were withdrawn.