• Mark Ryan

Two New CWA Cases

In the Kovach case below, the pro se plaintiff sought a damage award of $264,350,000. He didn't get it.

South Side Quarry, LLC v. Metro. Sewer Dist., 2020 WL 3977659 (W.D. Kt. 2020) (on motion to dismiss in case involving discharges of stormwater and possibly CSO discharges into privately-owned gravel pit in violation of easement, held that plaintiff failed to properly disclose violations in 60-day notice and other claims were time barred)

Kovach v. United States, 2020 WL 4003366 (S.D.N.Y. 2020) (on motion to dismiss, held that pro se plaintiff, who suffered personal injuries as a result of a 1990 spill at an Air National Guard base, had no standing to sue because he could not obtain relief under the CWA; there is no private right of action under the CWA; all penalties must be paid to the U.S. Treasury; court rejected plaintiff’s argument that the court could redirect some of the penalty money from the Treasury to him)

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