Environmental – Clean Water Act – Blackstone River tributaries

Environmental – Clean Water Act – Blackstone River tributaries

Where a plaintiff has alleged that the defendants violated the Clean Water Act by regularly discharging sediment-laden stormwater to tributaries of the Blackstone River, the defendants’ motion to dismiss for lack of subject matter jurisdiction should be denied despite their contention that they are not discharging stormwater to “waters of the United States” within the meaning of the CWA pursuant to the framework adopted in Sackett v. EPA, 598 U.…