North and South Rivers Watershed Association, Inc. v. Town of Scituate

HILL, Senior Circuit Judge.

Appellant appeals from district court granting of Appellee’s motion for summary judgment, claiming the district court erred in ruling Appellant’s suit was barred under section 309 of the Federal Clean Water Act. Because the State had commenced and was diligently prosecuting an enforcement action under State law comparable to the Federal Act Appellant sought to enforce, we AFFIRM the district court’s ruling that Appellant is barred under the Federal Clean Water Act section 309(g)(6)(A) and granting of Appellee’s motion for summary judgment.

I. BACKGROUND

In 1987, the…