Court Dismisses Suit Over Misstatement Of Permit Status In Notice Of Intent To Sue

摘要

A federal district court Dec. 8 dismissed a Clean Water Act citizen suit against Michigan drainage district operators over alleged permit violations, ruling that the plaintiffs had incorrectly stated in a pre-filing notice that the lawsuit would charge that the operators had no permit at all (Fitzgibbons v. Cook and Thorburn and Hancock County Drainage Districts, W.D. Mich., No. 08-165, 12/8/08).rnNotice of intent to file a citizen suit alleging failure to obtain a permit to discharge pollutants into a body of water is insufficient to serve as a notice of a lawsuit for existing permit violations, the U.S. District Court for the Western District of Michigan held.