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ARTICLE · 10 OCTOBER 2022

The Maui In The Mountains Case Is Over . . . For Now

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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This week a Federal Judge in Montana threw out a NGO's citizen suit against the Yellowstone Mountain Club for what the NGO claimed were unpermitted discharges of nitrogen to a Water of the United States.

United StatesEnvironment
Jeffrey Porter
Jeffrey Porter
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This week a Federal Judge in Montana threw out a NGO's citizen suit against the Yellowstone Mountain Club for what the NGO claimed were unpermitted discharges of nitrogen to a Water of the United States. I wrote about this case when it was filed in December of last year. See  Another Maui Case in the Mountains, https://insights.mintz.com/post/102hedh/another-maui-case-in-the-mountains.

The NGO's statutorily required pre-suit notice to the Club complained about alleged discharges to a stream that was hydrologically connected to the Gallatin River, a Water of the United States. The NGO's amended complaint was about overirrigation of the Club's golf course with treated water from the Club's wastewater treatment facility. The NGO apparently thought it could meet the Supreme Court's functional equivalence test established in Hawaii Wildlife Fund v. Maui respecting the nitrogen in the treated water used to irrigate the golf course.

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