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Piney Run Preservation Ass'n v. County Comm'r

ELR Citation: 38 ELR 20098
Nos. No. 07-1348, (4th Cir., 04/23/2008)

The Fourth Circuit upheld the dismissal of an environmental group's Clean Water Act (CWA) action against county commissioners for allowing effluent to be discharged from a wastewater treatment plant into a stream. The group argued that the temperature of the discharged effluent at times exceeds the thermal limitation set forth in the county's national pollutant discharge elimination system permit. The lower court properly dismissed the case because the state environmental agency is already diligently prosecuting a CWA enforcement action against the defendants. The CWA enforcement action requires defendants to comply with the Act, and the agency's actions were in good faith. Hence, the group's lawsuit is barred by CWA §505(b)(1)(B).