Skip to main content
· 2/5/2010

City of Newburgh v. SARNA

Citations

  • 690 F. Supp. 2d 136
  • 2010 U.S. Dist. LEXIS 12269
  • 2010 WL 572118

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • limiting plaintiffs’ remedies to injunctive relief where government diligently prosecuted the exact violations complained of by plaintiffs
  • declining to grant motion to dismiss in favor of individual defendant on ground that he could not be held personally liable for civil violations of federal Clean Water Act
  • “District courts in this Circuit . . . have consistently treated the CWA’s notice requirement as a question of subject-matter jurisdiction.”
  • past record of pollution can afford basis to project future likelihood of pollution
  • \The few courts ... that have expressly considered the question of whether the responsible corporate officer doctrine applies in a civil CWA case have concluded that it does.\
  • “Plaintiff’s Notice Letter clearly established that the alleged pollutant is untreated stormwater runoff into Brown’s Pond. . . . Defendants . . . cannot credibly claim to have been confused about what they were accused of discharging in violation of their SPDES permit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McMAHON

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.