• Mark Ryan

Three New CWA Cases

Here are three new cases from the last week - one OPA, one MS4 and one 404 case.

Water Quality Ins. Syndicate v. Nat’l Pollution Funds Ctr., 2020 WL 417653 (S.D.N.Y. 2020) (granting motion to dismiss in OPA cost recovery case, held that plaintiff chose wrong venue to challenge underlying liability for Coast Guard expenditures in connection with oil-carrying barges that ran aground; held that venue is proper only in the district where the accident occurred or in the D.C. Dist. court)

Menominee Inidan Tribe of Wisc. v. EPA, ___ F.3d ___, 2020 WL 416079 (7th Cir. 2020) (affirming district court dismissal of case, held that letters to Tribe describing that Michigan and not EPA or the Corps has jurisdiction over 404 permit at issue is not a final agency action; EPA’s decision to withdraw its objections to state’s proposed 404 permit was not subject to judicial review)

Cox v. Franklin County Board of Comm’s, 2020 WL 515789 (S.D. OH 2020) (denying motion to dismiss in case involving alleged illegal discharges into MS4, held that notice letter was specific enough where it lacked dates of discharges, but alleged discharges “every day;” counts 4 to 6 of the complaint are dismissed because they fail to show how the concurrent state action for the same violations did not constitute diligent prosecution; plaintiff has standing even though some of the alleged discharges occurred in a county he does not live in; court cannot consider affidavits from defendant in motion to dismiss – all of the facts alleged in the complaint are deemed to be true)

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