UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

摘要

Citizens for Pennsylvania's Future (CPF) appeals the District Court's grant of summary judgment in favor of the Pittsburgh Water & Sewer Authority and the City of Pittsburgh (collectively PWSA) in connection with CPF's citizen suit for alleged violations of the Clean Water Act and Pennsylvania Clean Streams Law. CPF argues that the Magistrate Judge (1) improperly granted summary judgment on a ground not raised by PWSA, (2) erred in granting summary judgment because failure to enforce an ordinance adopted pursuant to the EPA permit for discharge of storm water run-off is an actionable violation of the permit, and (3) abused his discretion in denying CPF's motion to reconsider. For the reasons that follow, we will vacate the District Court's order granting summary judgment and remand the case to the District Court to determine whether the 2010 Ordinance was incorporated into, a condition of, or a requirement for compliance with, the Permit.