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ON THE DOCKET
Litigation
is one tool with which Peconic Baykeeper furthers its mission. We may elect to bring a lawsuit under several
laws. The most important law that
protects our mission waters is the federal Clean Water Act. This law prohibits the discharge of
pollutants into most surface waters without a permit that restricts the
discharges. Peconic Baykeeper enforces
compliance with such permits and prosecutes unpermitted activities that should
be regulated. We also may seek the
review and annulment of agency "actions." All levels of government take actions
that may adversely affect our mission waters.
Actions may be direct, such as when a municipality adopts its own zoning
plan, or indirect, such as when a municipality grants site plan approval to
another person for a development. The
decision-making of public agencies has procedural and substantive legal
constraints. These constraints are
designed to provide a fair and full, fact-based transparent review with
objective decision-making criteria.
Peconic Baykeeper will sue when the review process fails to address relevant
environmental issues or the review process itself breaks down. Finally, we review and comment upon proposed
rules issued by agencies relevant to our purposes, and we will challenge
illegally adopted rules whose implementation would adversely affect our mission
waters.
Peconic Baykeeper, Inc. v. Suffolk County
No. 09-0097-cv (2nd Cir. filed January 7, 2009) (appealing CV-04-4828 (EDNY Nov. 11, 2008)) We filed our notice of appeal in this case on January 7, 2009, after a disappointing decision from Judge Spatt ... Read More
Baykeeper, Inc. v. U.S. EPA
Filed December 2006 No. 06-4630 (6th Cir.) At issue is the legality of the EPA rule affecting certain pesticide use under the Clean Water Act. The rule exempts applicators from liability in two circumstances. Read More
Peconic Baykeeper, Inc. v. Southampton Board of Trustees, et al.
Filed February 3, 2009 We have filed an Article 78 petition in N.Y. State Supreme Court, Suffolk County, challenging a permit... Read More |
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