Environmental: Citizens Must Defer To Govt. Suits Against Clean Water Act Violators

Tuesday, December 17, 2013 12:00 am
 
Land Use Law Report, Volume 41, Number 12
 

Clean Water Act citizen suits against discharge permit holders are all subject to a 60-day waiting period if they implicate any aspect of the permit, including new source performance standards.

Facts: Black Warrior Riverkeeper, Inc. and others (collectively, plaintiffs) filed a citizen suit against Black Warrior Minerals, Inc. (Black Warrior) for violations of the Clean Water Act. The suit alleged that Black Warrior violated the Act’s new source performance standards. Black Warrior operates a coalmine in Alabama and was operating under a state-issued permit that dictated its discharge of pollutants.

Black Warrior moved to dismiss the suit, arguing that the plaintiffs were subject to a 60-day waiting period before they could bring a suit against a Clean Water Act permit holder and that they had not satisfied the waiting period[..]

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