United States Eleventh Circuit
Black Warrior Riverkeeper, Inc. v. Cherokee Mining, LLC, 0810810
In a suit by plaintiff-environmental non-profit organization against defendant owner and operator of two coal mines, denial of defendant's motion to dismiss is affirmed where: 1) in accordance with the Federal Water Pollution Control Act, all of the limitations against a citizen suit as provided for in section 1319(g)(6)(A), were lifted so long as the notice and filing requirements were met; and 2) because plaintiff gave its notice of intent to sue defendant prior to Alabama Department of Environmental Management (ADEM) commencement of its administrative enforcement action and plaintiff filed suit in federal court within 120 days of its notice as required, the bar against plaintiff's citizen suit was inapplicable; and 3) the district court did not err in denying defendant's motion to dismiss for lack of subject matter jurisdiction.
Appellate Information
- Decided 11/13/2008
- Published 11/13/2008
Judges
Court
- United States Eleventh Circuit