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ARTICLE · 15 DECEMBER 2021

Another Maui Case In The Mountains

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Last week another NGO filed suit against another operator of a wastewater treatment facility, this one in the mountains of Montana, complaining of "excess" nitrogen in the treated effluent from the...

United StatesEnergy and Natural Resources
Jeffrey Porter
Jeffrey Porter
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Last week another NGO filed suit against another operator of a wastewater treatment facility, this one in the mountains of Montana, complaining of "excess" nitrogen in the treated effluent from the wastewater treatment facility which the NGO alleges finds its way to the Gallatin River.

We can't tell from the NGO's complaint what it considers to be "excess" nitrogen but, if this NGO is like the many other citizen suit plaintiffs that have been filing these cases around the country since the Obama Administration EPA's attempt to determine the reach of the Clean Water Act, "excess" means detectable in a laboratory (even though up to 10 parts per million of nitrogen complies with the Safe Drinking Water Act).

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