Legal Opinion

American Canoe Association v. City of Attalla

Court of Appeals for the Eleventh Circuit

Decided March 23, 2004No. 03-12777PublishedCited by 18 opinions

1Per curiam

Plaintiffs-Appellants American Canoe Association and the Sierra Club appeal the district court’s dismissal of their private citizen suit under the Federal Water Pollution Control Act, 33 U.S.C. § 1251 (the “Clean Water Act”). No reversible error has been shown; we affirm.

The sole issue before us- in this appeal is thé applicability of Fed.R.Civ.P. 6(a) to the notice requirements of section 505(b)(1) of the Clean Water Act, 33 U.S.C. § 1365(b)(1). Section 505(b)(1) prescribes a 60-day period after notice of a claimed violation of the Act during which a private citizen must refrain from suit,…

2Cases cited18 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  3. Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
  4. Ronald Washington, A.K.A. Boo Washington v. United StatesCourt of Appeals for the Eleventh Circuit · 2001
  5. Johnson v. RiddleCourt of Appeals for the Tenth Circuit · 2002

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3Cited by18 opinions

  1. Cebollero-Bertran v. PR Aqueduct & Sewer AuthorityCourt of Appeals for the First Circuit · 2021
  2. City of Newburgh v. SARNADistrict Court, S.D. New York · 2010
  3. Sierra Club v. Georgia Power Co.Court of Appeals for the Eleventh Circuit · 2006
  4. McDow v. Runkle (In Re Runkle)United States Bankruptcy Court, D. Maryland · 2005
  5. United States v. Inn Foods, Inc.Court of Appeals for the Federal Circuit · 2004

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