Appellate Court Sets Stringent Standards For Citizen Suit Notices Of Intent

January 14, 2011
A federal appellate court has ruled that citizens' notices of intent (NOI) to sue under the Clean Water Act (CWA) must identify each pollutant being discharged in violation of the law in order to be granted relief, setting a stringent standard for plaintiffs that sources say will needlessly delay litigation to the extent that it could make suits untenable. In a Jan. 5 ruling in Friends of the Earth et al., v. Gaston Copper Recycling Corp. , the U.S. Court...


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