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Keywords

plaintiffdefendantjurisdictionappealsummary judgmentwillclean water act

plaintiffdefendantjurisdictionmotionwillclean water act

Related Cases

Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc., 484 U.S. 49, 108 S.Ct. 376, 98 L.Ed.2d 306, 26 ERC 1857, 56 USLW 4017, 9 Fed.R.Serv.3d 1029, 18 Envtl. L. Rep. 20,142

Facts

Between 1981 and 1984, Gwaltney of Smithfield repeatedly violated the conditions of its NPDES permit by exceeding effluent limitations on several pollutants. Although the company installed new equipment and its last reported violation occurred in May 1984, environmental groups sent notice of their intent to sue in June 1984, alleging that Gwaltney 'has violated … [and] will continue to violate' its NPDES permit. The District Court granted partial summary judgment for the environmental groups, leading to an appeal.

Between 1981 and 1984, petitioner repeatedly violated the conditions of its NPDES permit by exceeding authorized effluent limitations.

Issue

Does § 505(a) of the Clean Water Act confer federal jurisdiction over citizen suits for wholly past violations of NPDES permits?

Rule

Section 505(a) of the Clean Water Act allows private citizens to bring civil actions for injunctive relief and civil penalties against any person 'alleged to be in violation' of NPDES permits, but does not confer jurisdiction for wholly past violations.

Section 505(a) of the Clean Water Act authorizes private citizens to commence a civil action for injunctive relief and/or the imposition of civil penalties in federal district court against any person 'alleged to be in violation' of the conditions of a National Pollutant Discharge Elimination System (NPDES) permit.

Analysis

The Supreme Court analyzed the language of § 505(a) and concluded that it requires citizen-plaintiffs to allege either continuous or intermittent violations, indicating a reasonable likelihood of future violations. The Court found that the legislative history and structure of the Act support the conclusion that citizen suits are intended to address ongoing violations rather than solely past infractions. The Court also noted that the good-faith requirement protects defendants from frivolous claims.

Although § 505(a)'s 'to be in violation' language is not without ambiguity, the most natural reading of that language is a requirement that citizen-plaintiffs allege a state of either continuous or intermittent violation—that is, a reasonable likelihood that a past polluter will continue to pollute in the future.

Conclusion

The Supreme Court vacated the Fourth Circuit's decision and remanded the case for further consideration of whether the environmental groups made a good-faith allegation of ongoing violations by Gwaltney.

Vacated and remanded.

Who won?

The environmental groups prevailed in the lower courts, as the District Court and the Court of Appeals both held that the Clean Water Act allows for citizen suits based on allegations of ongoing violations.

The District Court denied petitioner's motion for dismissal of the action for want of subject-matter jurisdiction under the Act, rejecting the contention that § 505(a)'s 'alleged to be in violation' language requires that the defendant be violating the Act at the time of suit.

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