The First Circuit should allow an environmental group’s water pollution claim against Massachusetts developers to proceed even though the state is pursuing a similar claim, the federal government told the court in support of a motion for rehearing.
Blackstone Headwaters Coalition filed a lawsuit against Gallo Builders and Arboretum Village Estates after runoff from the construction site was observed entering a nearby stream. The group’s Clean Water Act suit sought declaratory and injunctive relief and civil penalties.
The U.S. Court of Appeals for the First Circuit earlier affirmed that their water pollution claims were barred because the state was already ...