Hamker v. Diamond Shamrock Chem. Co.

ELR Citation: ELR 20385
No(s). 84-1278 (5th Cir. Apr 1, 1985)

The court rules that a citizen complaint brought under §505 of the Federal Water Pollution Control Act (FWPCA) must allege a violation occurring at the time the complaint is filed. The court supports its conclusion first by reference to the plain language of the statute, which is worded in the pres...