Can an Experts Affidavit Conform with Rule 56’s “Personal Knowledge” Requirement?

A non-profit environmental organization, on behalf of its members, brought an action against Defendant water treatment plant under the citizen enforcement suit provision of the Clean Water Act (“CWA”), 33 U.S.C. § 1365.  

Plaintiff sought declaratory and injunctive relief, the assessment of civil penalties, as well as costs and fees for alleged violations of CWA. Plaintiff asserted that Defendants failed to comply with effluent limits and performance standards for industrial wastewater discharge under the National Pollution Discharge Elimination System (“NPDES”), regarding the discharge of wastewater pollutants into the waters of the State of Ohio.  

U.S. District Judge Benita Y. Pearson was asked whether the affidavits of purported experts were admissible. 

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