ELR Citation: ELR 21066
No(s). 89-0823 (M.D. Pa. Sep 20, 1989)

The court holds that a conservation association's suit against a waste treatment company alleging violations of the Federal Water Pollution Control Act (FWPCA) may proceed to trial. The court first holds that the conservation association's allegation that its members use a body of water receiving the waste treatment company's effluent is sufficient to confer standing. The conservation association's good-faith allegations of the company's continuing violations of the FWPCA were sufficient to confer jurisdiction on the district court. The court holds that an unsigned letter setting an administrative conference without notice, a hearing, or assessment of civil penalties is not sufficient to constitute diligent prosecution by the state to bar a citizen suit. It is premature to stay the case before discovery based on the waste treatment company's new pollution control equipment. Plaintiff may amend the complaint to add allegations of FWPCA permit violations that result in discharges into adjacent wetlands.

Counsel for Plaintiff
John E. Childe Jr.
1389 Bradley Ave., Hummelstown PA 17036
(717) 566-5626

Counsel for Defendant
Gregory R. Neuhauser
Malatesta, Hawke & McKeon
Harrisburg Energy Ctr., 100 N. 10th St., P.O.Box 1778, Harrisburg, PA 17105
(717) 236-1300

Marshall E. Anders
Posenblum & Anders
802 Main St., Stroudsburg PA 18360
(717) 424-6661