Legal Opinion
Sierra Club v. Con-Strux, LLC
Court of Appeals for the Second Circuit
Decided December 17, 2018No. Docket No. 18-257-cv; August Term, 2018PublishedCited by 81 opinions
1Opinion of the Court
Hall, Circuit Judge:
We are asked to decide whether the business activity of Con-Strux, L.L.C. ("Construx"), which involves recycling construction debris and waste and subsequently wholesaling aggregate materials it has crushed from that debris and waste, is "industrial activity" within the meaning of the Clean Water Act ("the CWA" or "the Act"), 33 U.S.C. §§ 1251 et seq. , such that Construx was required to comply with the CWA's permitting scheme. The district court (Shields, M.J. ) concluded that one standard industrial classification (not covered by the Act) applied to Construx to the…
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