ELR Citation: ELR 20302
No(s). 08-165 (W.D. Mich. Dec 8, 2008)

A district court dismissed a scuba diving school's Clean Water Act citizen suit against a drainage district for discharging pollutants into a lake in violation of its national pollutant discharge elimination system permits. The school argued that due to water quality degradation stemming from the permit violations, it is no longer able to use the lake as part of its business. The court lacks subject matter jurisdiction because the school did not provide adequate notice of the alleged violation. The notice stated that the district failed to obtain a permit to discharge pollutants, not that the district was in violation of existing permits, as alleged in the complaint.