NYSDOT Dodges CWA Suit Over Stormwater Permits

Law360, New York (October 4, 2011, 2:52 PM EDT) -- A New York federal judge on Monday tossed a citizen suit against the New York State Department of Transportation that accused the agency of regularly neglecting an obligation to secure stormwater discharge permits for construction projects.

U.S. District Judge Mae A. D'Agostino agreed with the DOT that the plaintiffs, two citizens and the advocacy groups they represent, had no standing to sue under the Clean Water Act. The error was a procedural one — the plaintiffs failed to give adequate notice of their intent to sue...
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