The Eleventh U.S. Circuit Court of Appeals in Atlanta has upheld the right of citizens and environmental groups to sue polluting companies under the Clean Water Act in the southeastern United States.

The court ruled on November 13 that a Clean Water Act citizen suit is not barred by a state administrative action, commenced after a citizen group gives notice of its intent to sue to abate water pollution.

“Citizen suits are a proven enforcement tool,” the court ruling says. “They operate as Congress intended — to both spur and supplement government enforcement actions.”

The ruling upholds the intent of Congress when it passed the Clean Water Act in 1972 and certifies that Black Warrior Riverkeeper, citizen groups, and citizens throughout the Southeast’s Eleventh Circuit have the right to exercise an active role in water-pollution reduction, according to a press release issued Tuesday by the group.

“This is especially important where state agencies are not adequately enforcing the Clean Water Act, such as in Alabama,” according to Mark E. Martin, the prosecuting attorney for the group. “We are extremely pleased, but not surprised, by the Court’s decision. This will allow citizens, such as Black Warrior Riverkeeper, to continue to supplement the EPA and the Alabama Department of Environmental Management’s enforcement of the provisions of the Clean Water Act to stop the illegal discharge of dangerous pollutants into our state’s waters.”

In Black Warrior Riverkeeper v. Cherokee Mining, the company argued that the group should be barred from taking enforcement action against their coal mines and that role was a misinterpretation of the intent of Congress.

The court disagreed, saying, “We find Cherokee’s interpretation of these provisions to be an extremely cramped and narrow reading of the ordinary and plain meaning of the relevant language.”

The decision upholds a decision by U.S. District Judge William M. Acker of the Northern District of Alabama. The company argued that enforcement action by the Alabama Department of Environmental Management precluded the need for citizen suits.

“Citizen suits are a key right afforded by the Clean Water Act, which we use often to hold polluters accountable,” said Nelson Brook, Executive Director and Riverkeeper for the group. “We do so because often pollution goes unabated for years without effective enforcement from ADEM.”

He indicated the conservative, pro-business, one-stop-permitting agency and the state attorney general’s office are often impediments to citizen actions to protect the environment in a state known as “Alabama the Beautiful.”

“They have often initiated enforcement actions only after we give them notification of our intent to sue, which is required by law,” he said. “Their enforcement actions levy slap-on-the-wrist fines which do little to deter pollution.”

To read the full court decision, pull up the pdf file from this Webpage: order.

Black Warrior Riverkeeper is a non-profit organization whose mission is to protect and restore the Black Warrior River and its tributaries. The Alabama Environmental Council’s 2007 Conservation Organization of the Year, and the American Canoe Association’s 2008 Green Paddle Award winner, Black Warrior Riverkeeper is a proud grassroots member of Waterkeeper Alliance.

To learn more, visit their website.

Tags: Clean Water Act

This entry was posted on Tuesday, November 18th, 2008 at 12:13 pm and is filed under Black Warrior Riverkeeper, Environment News. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.