Sierra Club v. Aluminum Co. of America

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action, brought pursuant to section 505 of the Federal Water Pollution Control Act (“FWPCA”), 33 U.S.C. § 1365, challenges alleged violations by defendant Aluminum Company of America (“Alcoa”) of its National Pollutant Discharge Elimination System permit. Jurisdiction is predicated upon section 505(a)(1) of the FWPCA, 33 U.S.C. § 1365(a)(1). Before this Court are motions by defendant to dismiss the complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), or, in the alternative, for partial summary…