Peconic Great South Baykeeper
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 ...

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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.

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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...

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