Atlantic States Legal Found. v. Tyson Foods, Inc.

ELR Citation: ELR 20788
No(s). 89-7232 (11th Cir. Apr 5, 1990)

The court holds that plaintiffs in Federal Water Pollution Control Act (FWPCA) §505 citizen suits may seek injunctive and civil penalties if a defendant is in violation on or after the date the complaint is filed. The court, referring to the Supreme Court's decision in Gwaltney of Smithfield, Ltd. ...