Friends of Warm Mineral Springs, Inc. v. McCarthy

摘要

The parties agree, and the cited materials demonstrate, that each act of discharging sand, drums, or sheeting occurred more than five years before the start of this litigation. 33 U.S.C. § 1311(a) governs each act of discharging sand, drums, or sheeting. Accordingly, the limitation in 28 U.S.C. § 2462 bars this action under 33 U.S.C. § 1311(a). The defendants' motions (Docs. 79, 81) for summary judgment are GRANTED, the plaintiffs' motion (Doc. 82) for summary judgment is DENIED.8 The clerk is directed to enter judgment in favor of the defendants and against the plaintiffs, to terminate any pending motion, and to close this case. ORDERED in Tampa, Florida, on May 8, 2015.