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Keywords

defendantjurisdictionappealtrialmotionclean water act
jurisdictionstatutetrialclean water act

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Atlantic States Legal Foundation, Inc. v. Stroh Die Casting Co., 116 F.3d 814, 44 ERC 1897, 27 Envtl. L. Rep. 21,087

Facts

Stroh Die Casting Company, located in Milwaukee, Wisconsin, was accused of violating the Clean Water Act by discharging industrial wastewater without the necessary permits. The Atlantic States Legal Foundation sent a notice of intent to sue in November 1988, alleging that Stroh exceeded discharge limits for oil, grease, and biological oxygen demand. After a series of legal motions and delays, the district court dismissed the case, but Atlantic later filed an amended complaint. The case involved complex issues regarding the adequacy of the notice and whether Stroh was a continuing violator of the Act.

Stroh produces zinc and aluminum castings at its Milwaukee plant. In the course of its operations, it discharges industrial wastewater through various outfalls to sanitary or municipal sewers run by the Milwaukee Metropolitan Sewerage District (MMSD), which eventually empty into Lake Michigan.

Issue

Did Atlantic States Legal Foundation's notice of intent to sue satisfy the jurisdictional requirements of the Clean Water Act, and was Stroh Die Casting Company in violation of the Act at the time the suit was filed?

The first and most important question is whether Atlantic's April 1989 notice satisfied the jurisdictional prerequisite imposed by the Clean Water Act, 33 U.S.C. § 1365(b) , for Atlantic's citizen suit about industrial discharges into the MMSD system.

Rule

Under the Clean Water Act, a citizen must provide a 60-day notice of intent to sue for violations, and the defendant must be in violation of the Act at the time the suit is brought, demonstrating either continuous or intermittent violations.

The Clean Water Act allows private citizens to sue any person 'alleged to be in violation' of the conditions of an effluent standard or limitation under the Act or of an order issued with respect to such a standard or limitation by the Administrator of the Environmental Protection Agency (EPA) or a state.

Analysis

The court found that Atlantic's April 1989 notice sufficiently informed Stroh of the alleged violations, including unauthorized discharges into the MMSD system. The court noted that Stroh's actions, including obtaining a permit and constructing a treatment facility, indicated that it was aware of the issues raised by Atlantic. The court also determined that the question of whether Stroh was a continuing violator was a factual issue that needed to be resolved, as there were genuine disputes regarding the evidence of violations.

Here, there is no question that Atlantic's April 1989 notice sufficiently informed Stroh about Atlantic's claim that its handling of the die casting wastewater did not comply with the statute.

Conclusion

The Court of Appeals affirmed in part and reversed in part, allowing Atlantic to proceed with its claims regarding the discharges into the MMSD system and remanding the case for further proceedings.

We therefore conclude that Atlantic is entitled to go forward on its claims relating to the discharges of die casting wastewater into the MMSD sewerage system.

Who won?

The prevailing party was Atlantic States Legal Foundation in part, as the court allowed them to proceed with their claims regarding certain discharges, indicating that the notice was adequate and that there were unresolved factual issues.

The court found that Atlantic's April 1989 notice sufficiently informed Stroh of the alleged violations, including unauthorized discharges into the MMSD system.

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