ELR Citation: ELR 21081
No(s). 89-35120 (9th Cir. Aug 1, 1990)

The court holds that the district court abused its discretion by failing to enter a proposed consent decree in a citizen suit under the Federal Water Pollution Control Act (FWPCA) that provided for payments to private environmental organizations. The court holds that it has jurisdiction over this appeal of the district court's interlocutory order denying a motion to enter the decree. The court notes that if payments under a consent decree are civil penalties under the FWPCA, they must be paid to the U.S. Treasury. The court holds that the payments to the environmental groups without any admission of liability are not civil penalties within the meaning of the FWPCA. The decree falls within the scope of the pleadings, furthers the broad objectives on which the complaint was based, and does not violate the FWPCA. The FWPCA does not limit the type of payments that can be made in citizen suit settlements. The court denies plaintiff's request for attorney fees.

[The district court's decision is published at 19 ELR 20713.]

Counsel for Plaintiff-Appellant
Victor M. Sher
Sierra Club Legal Defense Club
216 First Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Counsel for Amicus
Amelia S. Salzman, Anne H. Shields
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 517-2000

Goodwin (before Ferguson and Fernandez, JJ.)