Friends of the Earth v. Consolidated Rail Corp.

ELR Citation: ELR 20108
No(s). 83-CV-1506 (N.D.N.Y. Dec 27, 1984)

The Court holds that the entry of a consent order prior to formal administrative action, coupled with reasonably responsible compliance with that order, constitute the diligent state prosecution necessary to preclude a citizen enforcement action under §505 of the Federal Water Pollution Control Act...