Legal Opinion
Paolino v. JF Realty, LLC
Court of Appeals for the First Circuit
Decided March 13, 2013No. 12-2031PublishedCited by 18 opinions
1Opinion of the Court
LYNCH, Chief Judge.
This appeal presents an issue of first impression in the First Circuit as to the standard for measuring the sufficiency of the mandatory pre-suit notice which must be given at least sixty days before a citizen enforcement action may be brought under the federal Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. Failure to comply with the CWA’s sixty-day notice require ment bars such an action and calls for dismissal of the suit. See Hallstrom v. Tillamook Cnty., 493 U.S. 20, 32-33, 110 S.Ct. 304,107 L.Ed.2d 237 (1989).
The required contents of pre-suit notice are prescribed in…
2Cases cited20 opinions
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- Valentin-De-Jesus v. United HealthcareCourt of Appeals for the First Circuit · 2001
- Brod v. Omya, Inc.Court of Appeals for the Second Circuit · 2011
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013
- Cebollero-Bertran v. PR Aqueduct & Sewer AuthorityCourt of Appeals for the First Circuit · 2021
- Paolino v. JF Realty, LLCCourt of Appeals for the First Circuit · 2016
- Ecological Rights Foundation v. Pacific Gas & Electric Co.Court of Appeals for the Ninth Circuit · 2013
- Shark River Cleanup Coalition v. Township of WallCourt of Appeals for the Third Circuit · 2022
13 more not listed; retrieve them via the Exa API.