Citizen Suit Dismissed for Lack of Allegation of Harm and Attorneys Fees Awarded

Citizen Suit Dismissed for Lack of Allegation of Harm and Attorneys Fees Awarded

The U.S. District Court for Maryland granted the defense Motion to Dismiss a Citizen Suit action filed by ShoreRivers, Inc. under the federal Clean Water Act and Resource Conservation & Recovery Act.  The Court agreed that the Plaintiff failed to make the basic allegations sufficient to show it, or any of its members, had suffered or would suffer any harm from the Defendants’ operation of a shooting sports facility and therefore it lacked jurisdiction over the allegations.

The Court has also granted the defense Motion for Attorneys’ fees under the federal statutes, with the specific amount awarded to be determined in subsequent briefing in accordance with applicable federal and Local Rules.

ShoreRivers, Inc. v. James Franzoni, et al., Civil Action No. GLR-17-3769, U.S. District Court for the District of Maryland.

For more information, go to Rich & Henderson, P.C.’s web page (www.RichLaw.com) or contact Tony Gorski (AGorski@RichLaw.com) or Timothy Henderson (THenderson@RichLaw.com) .

  

ABOUT RICH & HENDERSON, P.C.

The Maryland law firm of Rich & Henderson, P.C., is a full-service firm with AV Peer-Review Rated* attorneys focusing in the areas of environmental law cases, land use and business law disputes. The lawyers at Rich and Henderson, P.C., offer their clients more than 100 years of combined legal experience.