2nd Circuit Revives Sierra Club’s Clean Water Act Suit Against Debris Recycler

Mealey's (December 18, 2018, 1:34 PM EST) -- NEW YORK— A company that recycles and sells construction debris and waste is involved in an industrial activity that is subject to the Clean Water Act, a Second Circuit U.S. Court of Appeals panel held Dec. 17 after finding that a federal magistrate judge in New York erred when concluding that the company does not engage in activity covered by the statute (Sierra Club v. Con-Strux LLC, No. 18-257-cv, 2nd Cir., 2018 U.S. App. LEXIS 35280)....