ELR Citation: ELR 20963
No(s). 91-1337 (1st Cir. Apr 22, 1991)

The court holds that the district court properly imposed a ban on new sewer hook-ups in the Boston Harbor area until the state legislature gives the Massachusetts Water Resources Authority (MWRA) authority to acquire a site suitable for a residuals landfill. The residuals landfill is a crucial element of the planned $6 billion sewage treatment system. The state legislature recently rejected a bill that would have authorized transfer of a site in Walpole to the MWRA. The Federal Water Pollution Control Act (FWPCA) confers broad authority on a district court to choose appropriate remedies. Massachusetts' violations of the FWPCA at Boston Harbor are serious and continuing. The legislature's refusal to transfer authority to the MWRA to acquire the Walpole site or any other site threatens the cleanup schedule and may cause prolonged damage to the Harbor and its environment. The court holds that the district court reasonably determined to issue the order despite the state's formation of a commission that will either propose an alternative site or confirm the Walpole site within four months. The district court could reasonably be skeptical of this timetable. The court holds that the district court reasonably held that its order was not premature. Although construction need not begin at Walpole for 17 months under the remedial schedule, further delay in transferring site-acquisition authority to the MWRA will threaten the cleanup schedule. The district court's order does not intrude too deeply into state affairs. Federalism concerns do not authorize a state to violate federal law, and the district court's order is less intrusive than directly ordering transfer of the Walpole site. The court holds that the district court's refusal to delay its order for four months is not unreasonable. Although the sewer moratorium could cause serious harm, the harm would be self-inflicted.

Counsel are listed at 21 ELR 20958.

Before BREYER, Chief Judge, TORRUELLA and CYR, Circuit Judges.