New York Coastal Fishermen's Ass'n v. New York City Department of Sanitation

OPINION

GOETTEL, District Judge:

This action concerns the limitations on a party’s ability to institute a citizen suit to challenge violations of the Clean Water Act, 33 U.S.C. § 1251 et seq. (the “CWA”), when state authorities have already entered into two Orders on Consent with the parties responsible for the pollution.

I. FACTS

The sordid details of this bureaucratic and political nightmare are as follows.

The Pelham Bay Landfill (the “landfill” or the “dump”), located in Bronx County, New York City, was operated from 1963 to 1979 by the New York City Department of Sanitation (“DOS”).…