United States Second Circuit

In a suit brought against defendant-dairy alleging it emitted hazardous pollutants in violation of the Clean Water Act (CWA), summary judgment for defendant is affirmed where: 1) plaintiffs waived their claim as to any CWA violations before July 1999; 2) the CWA permit shield provision prohibited the action as to any claims between that date and December 2006; 3) plaintiffs' Resource Conservation and Recovery Act (RCRA) claims were prohibited under that statute's non-duplication clause; and 4) defendants did not need a permit to construct a stock pond on land already in use for farming under 33 U.S.C. section 1344(f)(2).

Appellate Information

• Decided 07/30/2008
• Published 07/30/2008

Judges

• PER CURIAM:, Before:  NEWMAN, CALABRESI, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gary A. Abraham, Office of Gary A. Abraham, Allegany, N.Y., Alan J. Knauf, Knauf Shaw LLP, Rochester, N.Y., for Plaintiffs-Appellants.


• For Appellees:
  
• David L. Cook, Nixon Peabody LLP, Rochester, N.Y., for Defendants-Appellees.