Sierra Club v. Con-Strux, LLC, No. 18-257 (2d Cir. 2018)Annotate this Case
The Second Circuit vacated the district court's grant of defendants' motion to dismiss an action brought by the Sierra Club under the Clean Water Act, seeking declaratory and injunctive relief. Sierra Club alleged that Construx was engaged in "industrial activity" within the meaning of the Act without a permit.
The court held that Construx's business activity, which involved recycling debris and waste and subsequently wholesaling aggregate materials it has crushed from that debris and waste, was "industrial activity" within the meaning of the Act. Therefore, Sierra Club's allegations were sufficient to demonstrate, at the pleading stage, that Construx was engaged in "industrial activity," notwithstanding that part of its business could also be classified as activity not subject to the Act. Accordingly, the court remanded for further proceedings.