ELR Citation: ELR 20668
No(s). 90-6171 (6th Cir. Feb 11, 1992)

The court holds that plaintiffs in a citizen suit against the U.S. Environmental Protection Agency (EPA) under §505 of the Federal Water Pollution Control Act (FWPCA) are not entitled to an injunction to compel EPA to issue compliance orders to correct alleged violations of FWPCA §301. The plaintiffs did not comply with the 60-day notice requirement in FWPCA §505(b)(2) before bringing suit, and notice of FWPCA violations does not satisfy this requirement.

[Decisions of the district court are published at 14 ELR 20394 and 20 ELR 21161.]

Counsel for Plaintiffs-Appellants
Frank E. Deale
Center for Constitutional Rights
666 Broadway, 7th Fl., New York NY 10012
(212) 614-6427

Counsel for Defendants-Appellees
Ellen Durkee
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: GUY and BOGGS, Circuit Judges, and HARVEY, Senior District Judge.^*