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WaterKeepers N. Cal. v. AG Indus. Mfg., Inc.

ELR Citation: 34 ELR 20056
Nos. No. 03-15023, (9th Cir., 07/16/2004)

The Ninth Circuit reversed a lower court's dismissal of an environmental group's CWA suit against a manufacturing company, finding that the group's intent to sue letter provided the company sufficient notice of its claims. The group properly notified the company of its intent to sue at least 60 days before filing its complaint under CWA §505(b)(1)(A). The letter's allegations regarding unpermitted stormwater discharges and inadequate reporting procedures were sufficiently supported with detailed information about the discharge dates and various contaminants. Moreover, the group filed its complaint in good faith. On remand, the lower court must decide whether the group's evidence of continuous and ongoing violations is sufficient to survive summary judgment.