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Board of Trustees of Painesville Township v. Painesville, City of

ELR Citation: 30 ELR 20272
Nos. No. 98-4004, 200 F.3d 396/49 ERC 2117/(6th Cir., 12/29/1999)

The court dismisses a township's and construction company's lawsuit against a city under the Clean Water Act (CWA) for failing to extend wastewater treatment services outside the city's boundary, even though the outlying area was included in the city's plan for a federally funded waste treatment plant. The court first holds that the CWA does not grant the township and company a private right-of-action to enforce the city's contractual obligations. These claims fall outside the scope of CWA §505, which is the sole avenue of relief for private litigants seeking to enforce the statute. Prior decisions of both the U.S. Supreme Court and this court preclude a private right-of-action under any provision other than CWA §505, and congressional intent does not imply private remedies in addition to those expressly provided in CWA's citizen suit statute. The court additionally holds that even if it had jurisdiction, the township and company failed to comply with the CWA's notice requirement.

Counsel for Plaintiffs
Anthony J. Coyne
Mansour, Gavin, Gerlack & Manos
55 Public Sq., Ste. 2150, Cleveland OH 44113
(216) 523-1500

Counsel for Defendant
David W. Burchmore
Squire, Sanders & Dempsey
4900 Key Tower
127 Public Sq., Cleveland OH 44114
(216) 479-8500

Before Jones and Cole, JJ.