· 3/31/1995
Public Interest Research Group of New Jersey, Inc., Friends of the Earth in No. 93-5721 v. Hercules, Inc. In No. 93-5720
Citations
- 50 F.3d 1239
- 25 Envtl. L. Rep. (Envtl. Law Inst.) 20684
- 40 ERC (BNA) 1385
- 1995 U.S. App. LEXIS 6619
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a citizen suit plaintiff does not have to identify the specific date of each alleged violation, particularly for violations that occurred or are discovered after the initial notice
- remanding matter to Magistrate Judge to consider “arguments and documents ... not fully presented to Magistrate Judge.....”
- remanding to the district court with instruction to “reinstate those discharge violations which are of the same type ... as the discharge violations included in the plaintiffs’ 60-day notice letter”
- claim for monitoring violation could proceed when notice described a discharge violation for the same limitation at the same outfall on the same day
- “We find that notice of one facet of an effluent infraction is sufficient to permit the recipient of the notice to identify other violations arising from the same episode.”
- “We find that notice of one facet of an effluent infraction is sufficient to permit the recipient of the notice to identify other violations arising from the same episode.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Roth, Pollak
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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