For Immediate Release
November 18, 2008
In Black Warrior Riverkeeper v. Cherokee Mining, LLC, the federal Eleventh Circuit Court of Appeals ruled on November 13, 2008 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.
The Eleventh Circuit Court of Appeals included in the ruling the following quotation from a 1985 Senate Report: “[c]itizen suits are a proven enforcement tool. They operate as Congress intended – to both spur and supplement to government enforcement actions.”
Upholding Congress’ intent, this ruling 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. This is especially important where state agencies are not adequately enforcing the Clean Water Act, such as in
Cherokee Mining’s argument that Black Warrior Riverkeeper is barred from taking enforcement action against their coal mines misinterpreted Congress’ intent. The Eleventh Circuit stated in their ruling: “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.”
Visit this webpage to read the Eleventh Circuit’s decision:
http://www.blackwarriorriver.
Black Warrior Riverkeeper is a non-profit organization whose mission is to protect and restore the
