ELR Citation: ELR 20106
No(s). CIV-84-357T (W.D.N.Y. Dec 28, 1984)

In a Federal Water Pollution Control Act (FWPCA) §505 citizen suit to enforce state and National Pollutant Discharge Elimination System permits, the court holds that plaintiffs have standing, that plaintiffs' reliance on defendant's Discharge Monitoring Reports (DMRs) to establish current FWPCA violations is sufficient to withstand summary judgment, that 28 U.S.C. §2462 imposes a five-year statute of limitations, and that evidence of violation in defendant's DMRs does not justify summary judgment as to defendant's liability. The court first holds that plaintiffs have satisfied the standing requirement for environmental groups by showing individualized injury-in-fact to the recreational and aesthetic interests of its members in the area affected by defendant's discharges. Second, plaintiffs have stated a sufficient claim to withstand summary judgment on the issue of whether current violations exist by relying on proof of violations in the DMRs. Third, the five-year statute of limitations of 28 U.S.C. §2462 applies to this FWPCA enforcement action for civil penalties. Finally, the court holds that plaintiffs are not entitled to summary judgment on defendant's liability based on the violations reported in the DMRs because defendant offered sufficient evidence to contradict the DMRs.

Counsel for Plaintiff
Lee Ann Meyer
Terris & Sunderland
1121 12th St. NW, Washington DC 20005
(202) 682-2100

Counsel for Defendant
Theodore E. Garrett
Covington & Burling
P.O. Box 7566, 1201 Pennsylvania Ave. NW, Washington DC 20044
(202) 662-5398