NATURAL RESOURCES DEFENSE COUNCIL, INC. V. TEXACO REFINING AND MARETING, INC.
906 F.2d 934 (3rd Cir. 1990)
NATURE OF THE CASE: Texaco (D) appealed from a grant of a summary judgment motion on the
issue of liability and an order permanently enjoining D from further illegal discharges.
FACTS: D got a permit allowing it to discharge limited quantities of 19 categories of
industrial waste from its Delaware City refinery into the Delaware River. The NRDC (D)
notified Texaco in March 1988 that they intended to file a citizen suit against the company
for 342 permit violations occurring at the Delaware City refinery between January 1983 and
October 1987. D filed a motion for partial summary judgment based on several grounds: the
court's lack of subject matter jurisdiction over some of the alleged permit violations
occurring prior to the filing of the complaint and which were not either ongoing or likely
to recur; the claims were moot under the principles of Gwaltney of Smithfield v. Chesapeake
Bay Foundation Inc., 484 U.S. 49, 98 L. Ed. 2d 306, 108 S. Ct. 376 (1987); and that the
claims were barred by the applicable statute of limitations. D filed their own motion for
summary judgment on the issue of liability based on the reported parameter exceedances in
D's DMRs. D sought declaratory and injunctive relief, and requested a hearing to determine
the appropriate amount of damages. The district court granted the D's motion for summary
judgment based on the submitted DMRs. The court enjoined the company, its officers, agents,
servants, employees, and those persons in active concert or participation with Texaco, and
who receive actual notice of the court's order, from violating terms of the new permit which
were either carried over from the old permit or were made stricter in the new version. D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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