11th Circ. Says Green Groups Can't Evade CWA Notice Rule

Law360, New York (November 13, 2013, 6:56 PM EST) -- The Eleventh Circuit on Wednesday upheld the dismissal of pollution claims against coal mine operator Black Warrior Minerals Inc., finding that all Clean Water Act citizen suits require 60 days' advance notice, even when the complaint doesn't allege federal permit violations.

Friends of Hurricane Creek and Black Warrior Riverkeeper claimed they didn't need to follow the waiting period when suing for violations of the EPA's New Source Performance Standards rather than the permit that incorporates those standards, but the appeals panel sided with Black Warrior Minerals...
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Case Information

Case Title

Black Warrior Riverkeeper, et al v. Black Warrior Minerals, Inc.


Case Number

12-15409

Court

Appellate - 11th Circuit

Nature of Suit

3893 Environmental Matters

Date Filed

October 22, 2012

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