Black Warrior Riverkeeper, et al. v. Black Warrior Minerals, Inc.

Plaintiffs, several citizens of Alabama, filed suit against Black Warrior Minerals, which operates a coal mine in Alabama, for violations of the new source performance standards. Congress has provided citizens a limited role in the enforcement of the Clean Air Act, 33 U.S.C. 1365(b), and ordinarily a citizen must provide notice of alleged violations to a discharger and federal and state authorities and wait 60 days before filing suit against a discharger. The Act required a citizen who sues a permit holder to sue for a violation of that permit and wait 60 days after giving notice of that violation before filing suit. Here, plaintiffs failed to wait the required 60 days before they filed suit against Black Warrior Minerals. Accordingly, the court affirmed the district court's grant of summary judgment in favor of Black Warrior Minerals. View "Black Warrior Riverkeeper, et al. v. Black Warrior Minerals, Inc." on Justia Law