December 18, 2018 / 12:59 AM / in 3 months

2nd Circuit pulls Sierra Club’s lawsuit against recycler from trash bin

A federal appeals court on Monday revived a Clean Water Act lawsuit by the Sierra Club against a Long Island firm that recycles concrete, asphalt and other debris into crushed aggregate for sale on the wholesale construction market.

The 2nd U.S. Circuit Court of Appeals vacated a ruling by a magistrate judge in Central Islip, New York, who last year dismissed the lawsuit after finding that Con-Strux LLC is a wholesale distributor of construction materials – an industry category that is exempt from the discharge-permit requirements of the Clean Water Act.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2rHQHZN

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