ELR Citation: ELR 20032
No(s). 1:08cv186 (S.D. Miss. Feb 3, 2009)

A district court denied a motion to dismiss an environmental group's Clean Water Act (CWA) action against a property owner for dredging and filling wetlands without a permit. The owner argued that the group failed to provide adequate notice. The group, however, sufficiently provided notice as to the date, standard, and location of the alleged violations. The notice was sufficiently specific to allow the property owner to identify the date or dates of the alleged violations and to do so with relative ease. Further, citing to CWA §§402 and 404 was sufficient to allow the owner to identify the violations alleged in the group's complaint. And the CWA's notice provision does not require identification of exact locations. It requires only sufficient information that would permit the recipient to identify, among other things, the locations of the alleged violations.