Bloomberg Law
April 26, 2021, 8:25 PM

Massachusetts Developer Must Face Suit Over Lack of Water Permit

Maya Earls
Maya Earls
Legal Reporter

The developer of a residential site in Massachusetts saw a lawsuit over its lack of a construction permit for water discharges revived when the First Circuit on Monday rejected its reliance on another site developer’s permit.

Gallo Builders Inc. argued Arboretum Village LLC had sole operational control over the site in Worcester. Therefore, only Arboretum Village, and not Gallo needed to obtain a general construction permit from the Environmental Protection Agency for the site, which it did, the developer said.

The U.S. District Court for the District of Massachusetts found the alleged violation of the Clean Water Act for the ...