SIERRA CLUB v. CON-STRUX, LLC

Docket No. 18-257-cv August Term, 2018.

911 F.3d 85 (2018)

SIERRA CLUB, Plaintiff-Appellant, v. CON-STRUX, LLC, Defendant-Appellee, Marc Bretz, Defendant.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2018.


Attorney(s) appearing for the Case

NICHOLAS W. TAPERT ( Edan Rotenberg , on the brief), Super Law Group, LLC, New York, NY, for Plaintiff-Appellant.

DARREN O'CONNOR ( Denise J. D'Ambrosio , on the brief), Allen & Desnoyers LLP, White Plains, NY, for Defendant-Appellee.

Before: Hall, Lynch, Circuit Judges, Kuntz, District Judge.


We are asked to decide whether the business activity of Con-Strux, L.L.C. ("Construx"), which involves recycling construction debris and waste and subsequently wholesaling aggregate materials it has crushed from that debris and waste, is "industrial activity" within the meaning of the Clean Water Act ("the CWA" or "the Act"...

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