1st Circuit Says Construction Site Operator Can Face Group’s Suit Over Discharges

Mealey's (April 27, 2021, 1:44 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on April 26 vacated in part a federal judge in Massachusetts’ ruling entering summary judgment against an environmental group, finding that the judge erred when finding that the group could not purse a claim under the Clean Water Act’s (CWA) citizen suit provision accusing the operator of a construction site of discharging stormwater containing excessive sediment levels because an entity owned by the same individuals possessed a general construction permit issued by the U.S. Environmental Protection Agency....