Love v. New York State Department of Environmental Conservation

OPINION

KEVIN THOMAS DUFFY, District Judge:

This is an action brought under the Federal Water Pollhtion Control Act [“FWPCA”], 33 U.S.C. § 1251 et seq., arising from the alleged pollution of a pond and stream which traverse property owned by the plaintiff. The damage to the pond and stream purportedly resulted from the construction of a condominium project less than a mile north of plaintiff’s property in the Town of Lewisboro, New York, and the consequent discharge of hundreds of tons of sand and dirt and other construction wastes into the stream. The defendants include the condominium…