Court of Appeals for the Fourth Circuit April 13, 1988, No. 85-1873 (Chesapeake Bay Foundation, Inc. v. Gwaltney of Smithfield, Ltd.)

PER CURIAM:

We again consider this case on remand from the Supreme Court's decision in *171Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., — U.S. —, 108 S.Ct. 376, 98 L.Ed.2d 306 (1987). In Gwaltney, the Supreme Court held that § 505(a) of the Clean Water Act, 33 U.S.C.