Allen County Citizens for the Environment, Inc. v. BP Oil Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that two violations of limits on Biological Oxygen Demand were to be deemed a single violation under the single operational upset defense where it was “undisputed” that the violations were caused by a “once in a 25-year storm event”
• finding that a small number of discrete effluent exceedances (such as for dissolved oxygen and cyanide) occurring only over a few months prior to the filing of complaint did not constitute an ongoing violation
• no genuine issue of material fact raised as to whether a violation is ongoing when no evidence that violations are not purely historic
• considered separately alleged violations of thirteen parameters
• explicitly adopting Fourth Circuit’s parameter-by-parameter approach

Source: CourtListener parenthetical corpus (CC0).