Public Policy

Judge Blocks Motion to Dismiss
DC ESA Lawsuit

On May 22, U.S. District Court Judge Michael Hogan rejected the Department of Justice's motion to dismiss a lawsuit launched by the National Wilderness Institute to block Washington, DC's practice of illegally disposing of toxic sludge produced during purification of drinking water drawn from the Potomac River. The suit, part of a joint complaint that includes NWI's previously noted move to block reconstruction of Washington, DC's Woodrow Wilson Bridge (reported in our March/April issue), is likewise based on these projects' impact on federally protected species.

NWI's suits are the only citizens' suits we are aware of to compel Endangered Species Act enforcement in a major metropolitan area. Judge Hogan's refusal to dismiss NWI's toxic sludge dump suit notes that "the plaintiff could ultimately be successful in this litigation" and "advises defendants to reconsider these and other alternatives to the present arrangement."

For more information, consult the Institute's very informative web site at www.nwi.org.

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