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Greenfield Mills, Inc. v. Carter

ELR Citation: 37 ELR 20011
Nos. No. 1:00 CV 0219, (N.D. Ind., 01/09/2007)

A district court denied landowners' motion for an interim award of attorneys fees and costs in connection with their Clean Water Act (CWA) action against a company for failing to obtain a CWA permit before conducting dredging activities at the Fawn River State Hatchery. At this stage of the litigation, the landowners have prevailed on their claim that the company's actions violated the CWA. But the crux of the landowners' case is in their allegation that the violation caused substantial damage to the Fawn River. As of yet, no determination has been made that any materials were deposited into the Fawn River or whether any materials that may have been deposited caused damage. The sole issue that has been determined is that the company should have obtained a permit prior to the dredging activities they conducted. Since damage to the Fawn River is central to their lawsuit, the court concluded that until the Phase One assessment is completed, the landowner's request for interim fees is premature.

[Prior decisions in this litigation can be found at 32 ELR 20507 and 34 ELR 20022.]