Antrim Mining, Inc. v. Davis

775 F.Supp. 165 (1991)

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Nature of the Case

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Facts

Antrim (P) sued Davis (D), the Secretary of Department of Environmental Resources for Pennsylvania, and all other persons known or unknown who were acting on behalf of the named defendants in their official capacity. P sought declaratory and injunctive relief against two compliance orders. The compliance orders required P to treat and abate acid mine discharge flowing from an inactive underground mind complex. P claims that D is barred from enforcing the compliance orders because P was previously sued for the same alleged violations of Clean Streams Law by the Pennsylvania Environmental Defense Foundation, a private organization; that litigation was resolved by a consent decree. P asserts that although D were not parties to the prior litigation, they are bound by the terms and conditions of the modified consent decree and therefore may not take action against P for the same alleged violations of the Clean Streams Law. The modified consent decree purported to bind all parties or potential parties who had notice of the instant claims and the Consent Decree.