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Keywords

plaintiffappealleasecomplianceclean water act

plaintiffappealcomplianceclean water act

Related Cases

Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York, 273 F.3d 481, 53 ERC 1392, 32 Envtl. L. Rep. 20,229

Facts

Since before World War II, New York City has operated Schoharie Dam and Reservoir to provide drinking water for the city. Water is diverted from the reservoir through the Shandaken Tunnel into Esopus Creek, which then flows into Ashokan Reservoir. The plaintiffs, representing recreational users of Esopus Creek, alleged that the city's discharges from the tunnel contained pollutants, including suspended solids and turbidity, which violated state water quality standards. They sent a notice of intent to sue under the CWA, claiming the city was discharging pollutants without a permit.

Issue

Did the city's use of the tunnel to transfer water from the reservoir to Esopus Creek constitute a discharge of pollutants under the Clean Water Act, and did the plaintiffs provide adequate notice of their claims?

Rule

Under the Clean Water Act, the discharge of any pollutant into navigable waters from a point source is unlawful unless conducted in compliance with a permit. The Act defines 'discharge of a pollutant' to include any addition of any pollutant to navigable waters.

Under the Clean Water Act, the discharge of any pollutant into navigable waters from a point source is unlawful unless conducted in compliance with a permit.

Analysis

The court found that the plaintiffs' notice of intent to sue letter adequately notified the city of claims related to turbidity discharges but failed to provide adequate notice regarding thermal discharges. The court concluded that the transfer of water containing pollutants from one body of water to another constitutes an 'addition' of pollutants, thus triggering the CWA's permit requirements. The court disagreed with the city's argument that the releases did not constitute discharges, emphasizing that the water from the reservoir and the creek were distinct bodies of water.

Conclusion

The Court of Appeals affirmed in part, reversed in part, and remanded the case, holding that the city's use of the tunnel could result in the addition of pollutants to the creek, thus requiring a permit under the CWA.

Who won?

The plaintiffs, represented by Catskill, prevailed in part as the court found that their claims regarding turbidity discharges were adequately noticed and that the city's actions constituted a discharge requiring a permit.

The plaintiffs, represented by Catskill, prevailed in part as the court found that their claims regarding turbidity discharges were adequately noticed.

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