JUDICIAL DEVELOPMENTS

January 2004

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Second Circuit Finds that Congress Intended the Citizen-Suit Provision of the Clean Water Act to Operate Regardless of whether the Claimed Violation of CWA also Violated FIFRA
No Spray Coalition, Inc. v. City of New York

In a suit to enjoin the City of New York from spraying pesticides, the Second Circuit Court of Appeals held that the citizen-suit provision of the Clean Water Act (CWA) applied. The fact that the use of pesticides complied with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and FIFRA did not have a similar citizen-suit provision was of no consequence.