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Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., 06-1714

By FindLaw Staff on January 06, 2011 2:19 PM

Action under the Clean Air Act

Friends of the Earth, Inc. v. Gaston Copper Recycling Corp., 06-1714, concerned a plaintiff's suit against a former owner of a metals smelting facility for violations of the Clean Water Act.  In affirming in part, the decision of the district court's judgment, the court held that the plaintiffs maintained standing throughout their suit in the district court.  However, the court held that, based on the legal insufficiency of portions of the notice letter, the district court erred in finding violations and imposing penalties for all but the three violations for pH and copper.  Lastly, the court held that the district court erred in assessing penalties for 54 days of violations that were wholly past when the plaintiffs filed their complaint.

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