Martha M. Menzel Mary B. Rice, and Barbara G. Racine and Virginia W. Grubbs v. County Utilities Corporation

How courts have described this case

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

• allowing § 1365 citizen suit challenging whether NPDES permit could be given retroactive application
• reversing grant of summary judgment and remanding for the district court to consider whether plaintiffs could “prove that [defendant’s] discharges into Buchanan Creek during the period at issue were in violation of the NPDES permit limitations.”
• permit, once issued, will not be applied retroactively to insulate against past violations of the Act
• the CWA \vests the states with authority to impose more stringent effluent limitations than are required by federal standards.\
• “[T]here is no shield from the requirement that all discharges—at the time made—must be pursuant to an NPDES permit.”

Source: CourtListener parenthetical corpus (CC0).