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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.