JUDICIAL DEVELOPMENTS

June 2006

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Second Circuit Finds Union Has Standing but Failed to Properly Plead Clean Water Act Claim
Building and Construction Trades Council of Buffalo, New York and Vicinity v. Downtown Development, Inc., ___F.3d___

On May 6, 2006, the Second Circuit Court of Appeals held that in this case the trial court committed reversible error in holding that a construction union does not have standing to assert Clean Water Act (CWA) violations arising from a proposed construction project. Although the construction union has a legal argument for standing, however, because it failed to comply with the statutory notice requirements, the matter is remanded with orders to be dismissed without prejudice to right of refiling.