PUBLIC UTILITIES - NEW YORK

Borough of Upper Saddle River, N.J. v. Rockland County Sewer Dist. No. 1

United States District Court, S.D. New York - March 31, 2014 - Slip Copy - 2014 WL 1311770

Citizens’ brought suit  under the Clean Water Act and state common law, alleging that, in the course of operating a sewage treatment facility, Rockland County Sewer District # 1 has polluted-and will likely continue to pollute-the Saddle River.  Plaintiffs brought four causes of action: continuing violations under section 301 of the Clean Water Act; private nuisance, public nuisance and trespass claims under state common law.

Both parties moved for summary judgment.  The issue was to what extent Defendant could be held liable for its sewage spills through a citizen suit brought under the Clean Water Act and state common law.

The District Court:

 

 



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