Atlantic States Legal Foundation, Inc. (Atlantic) (plaintiff), a non-profit environmental interest group, filed suit in federal court against Eastman Kodak Company (Kodak) (defendant) alleging that Kodak was discharging pollutants not listed in its National Pollutant Discharge Elimination System (NPDES) permit or in its State Pollutant Discharge Elimination System (SPDES) permit in violation of §§ 301 and 402 of the Clean Water Act (CWA). Kodak operated a wastewater treatment plant in Rochester, New York, to purify waste produced in the manufacture of photographic supplies and other laboratory chemicals. The purified water was then discharged into the Genesee River and Paddy Hill Creek. The district court granted summary judgment in favor of Kodak and dismissed Atlantic’s complaint. Atlantic appealed.