• Mark Ryan

Two New CWA Cases

OVEC v. Bluestone Coal Corp., 2020 WL 4284804 (S.D.W.V. 2020) (on motion for summary judgment, held that defendant is liable 1,904 days of violations of permit based on DMRs; monthly average violations are treated as a violation of every day of the month in which they occurred; defendant is also liable for 1,129 days of violation for failure to meet compliance schedule for selenium discharges set out in permit; plaintiffs have standing to bring suit; denied defendants motion for summary judgment on issue of preclusion where prior consent decree was not being diligently prosecuted)

Stevens v. St. Tammany Parish, 2020 WL 4219638 (E.D. La. 2020) (on motion to dismiss, held that res judicata applied to bar present case were prior state court ruling in defendant’s favor involved the same parties and same operative facts; plaintiff’s 60-day notice did not adequately describe the allege violations)

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