Blackstone Headwaters Coalition v. Gallo Builders, Inc., No. 19-2095 (1st Cir. 2022)Annotate this Case
The First Circuit affirmed in part and reversed in part the grant of summary judgment against Blackstone Headwaters Coalition in this citizen suit brought against various defendants involved in the development of a construction site, holding that North and South Rivers Watershed Ass'n v. Town of Scituate, 949 F.2d 552 (1st Cir. 1991), construed the scope of 33 U.S.C. 1319(g)(6)(A)'s limitation on citizen suits too broadly.
In Scituate, a First Circuit panel held that the limitation on citizen suits established by 33 U.S.C. 1319(g)(6)(A) precludes a citizen suit that seeks to obtain declaratory or prospective injunctive relief from a violation of the Clean Water Act (CWA), 33 U.S.C. 1251 et seq. In the instant case, a panel of the Court relied on Scituate to affirm the district court's grant of summary judgment against Blackstone. The Court then reconsidered its decision in Scituate, vacated the panel opinion in this case, and reversed the grant of summary judgment in part, holding that, contrary to Scituate, the limitation set forth in section 1319(g)(6)(A) bars only a citizen suit that seeks to apply a civil penalty for an ongoing violation of the CWA and does not bar a citizen suit for declaratory and prospective injunction relief to redress an ongoing violation of the CWA.
This opinion or order relates to an opinion or order originally issued on April 26, 2021.