BLACKSTONE HEADWATERS COALITION v. GALLO BUILDERS

No. 19-2095.

32 F.4th 99 (2022)

The BLACKSTONE HEADWATERS COALITION, INC., Plaintiff, Appellant, v. GALLO BUILDERS, INC.; Arboretum Village, LLC; Steven A. Gallo; and Robert H. Gallo, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 28, 2022.


Attorney(s) appearing for the Case

James P. Vander Salm and Law Office of James P. Vander Salm on brief for appellant.

William D. Jalkut and Fletcher Tilton PC on brief for appellees.

Todd Kim , Assistant Attorney General, Environment and Natural Resources Division, United States Department of Justice, Jennifer S. Neumann , Attorney, Environment and Natural Resources Division, United States Department of Justice, and Matthew R. Oakes , Attorney, Environment and Natural Resources Division, United States Department of Justice, and Krista Hughes , Attorney, Office of General Counsel, United States Environmental Protection Agency, on brief for the United States, amicus curiae.

Maura Healey , Attorney General for the Commonwealth of Massachusetts, Seth Schofield , Senior Appellate Counsel, Energy and Environment Bureau, Office of the Attorney General of Massachusetts, Nora J. Chorover , Assistant Attorney General, Environmental Protection Division, Office of the Attorney General of Massachusetts, and Emily K. Mitchell , Assistant Attorney General, Environmental Protection Division, Office of the Attorney General of Massachusetts, on brief for the Commonwealth of Massachusetts, amicus curiae.

Charles C. Caldart and Matthew J. Donohue on brief for National Environmental Law Center, amicus curiae.

Before Barron, Chief Judge, Lynch, Howard, Thompson, Kayatta, Gelpí, Circuit Judges.


Opinion En Banc.

Section 1319(g)(6)(A) of Title 33 of the United States Code places a limitation on citizen suits that are brought to enforce the Federal Water Pollution Control Act, better known as the Clean Water Act, 33 U.S.C. § 1251 et seq. ("CWA"). The question that we confront here...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases