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Archives: Chesapeake Bay Foundation, Inc. v. Gwaltney of Smithfield, Ltd. Litigation: Chesapeake Bay Foundation, Inc. v. Gwaltney Litigation

In 1984, the Chesapeake Bay Foundation, for which Pace Professor Ann Powers was counsel, instituted a citizen suit against Gwaltney of Smithfield, Ltd., a meat processor, for discharge of pollution into the Chesapeake Bay.

Descriptive Summary

Title: Chesapeake Bay Foundation, Inc., & Natural Resources Defnese Council v. Gwaltney of Smithfield, Ltd.
Creator: Ann Powers, Esq.
Extent: 4 Linear Feet
Repository: Pace University School of Law Library

Abstract: In 1984, the Chesapeake Bay Foundation and the Natural Resources Defense Council, two environmental organizations, instituted a citizen suit against Gwaltney of Smithfield, Ltd., a meat processor. The suit went to the U.S. Supreme Court and clarified the law of citizen suits to enforce environmental laws governing discharges of pollutants into the navigable waters of the United States by industry.

Contact for Access: Gail Whittemore at 914 422-4357

Usage Restrictins: Copyright is retained by the author(s), or her descendants or assigns, as provided by United States copyright law.

Provenance: Prof. Ann Powers presented her litigation files to Pace University School of Law Library in 2007.

Collection Review: The Collection includes ten series consisting of the litigation documents from the Chancery Court of Virginia, the US District Court for the Eastern District of Virginia, the Fourth Circuit Court of Appeals, and the US Supreme Court  (including remands to the lower courts  for further proceedings). Case files are arranged by court docket number and in date order where possible, applications for attorneys' fees, correspondence, press clippings, legal research and notes, in sequentially-numbered folders. A full catalog of each series is available through the links below.

Series:

Series 1:    Commonwealth v. Gwaltney; Commonwealth v. Smithfield (Va. Chancery No. 3290)
Series 2:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney of Smithfield, Ltd., No. 84-0366-R (E.D. Va.) 
Series 3:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney, No. 85-1873 (4th Cir.)
Series 4:    Gwaltney v. Chesapeake Bay Foundationa, Inc. & NRDC, Inc., No. 86-473 (U.S.)
Series 5:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney, No. 85-1873 (4th Cir.) (on remand from the Supreme Court)
Series 6:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney, No. 84-0366-R (E.D. Va.) (on remand from the Fourth Circuit)
Series 7:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney, No. 88-1317 (4th Cir.) (on remand - appeal) 
Series 8:    Chesapeake Bay Foundation, Inc. & NRDC v. Gwaltney of Smithfield, Ltd., No. 84-0366-R (E.D. Va.) (on re-remand)
Series 9:    Attorney Fees & Expenses Matters (several) 
Series 10:  Notes & Correspondence