Member Pipeline - Fax Alerts SpecialEdition - February 17, 2005
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February 17, 2005
AMSA Amicus Curiae Brief —
Milwaukee Metropolitan Sewerage District (Petitioner) v. Friends of Milwaukee’s Rivers and Lake Michigan Federation (Respondents)
Recently, the Association’s Board of Directors made a carefully considered, thoughtful, decision to file an amicus curiae brief before the U.S. Supreme Court in the matter of Milwaukee Metropolitan Sewerage District v. Friends of Milwaukee’s Rivers and Lake Michigan Federation. The brief asserts that a municipality’s settlement of Clean Water Act (CWA) violations with state or federal authorities should preclude a CWA citizen suit raising the same concerns. The Association’s brief narrowly defines this legal issue and its potential ramifications for publicly owned treatment works (POTWs) nationwide. It makes no mention of the petitioner, nor does it take any position on their actions – past or present.Specifically, AMSA’s brief asks that the U.S. Supreme Court review a troubling decision of the U.S. Court of Appeals for the Seventh Circuit involving the scope of the Clean Water Act (CWA) citizen suit provisions. In Friends of Milwaukee’s Rivers v. MMSD, 382 F.3d 743, the Seventh Circuit held that a citizens’ suit could go forward even though MMSD had entered a settlement with the State of Wisconsin to spend over $900 million to remedy the sanitary sewer overflows (SSOs) of concern. The Seventh Circuit’s decision opens the door to allow citizen groups to second guess – in federal court – the remedial measures negotiated by cities with their states. If left to stand, the decision has the potential to discourage cities from entering into settlement agreements with their state regulatory agencies, and to upset the federal/state/citizen balance Congress crafted in the CWA. AMSA’s Board of Directors viewed this action as an egregious misinterpretation of the citizen suit provisions of the CWA and acted accordingly.
AMSA’s member agency, the Metropolitan Water Reclamation District of Greater Chicago (District), through Association Board Member John C. Farnan, objected to AMSA’s filing the brief. Several AMSA efforts designed to specifically address the District’s concerns were rejected. Despite the Board’s efforts to be sensitive to long-standing, local debates on achieving water quality goals in Lake Michigan, the District has chosen to withdraw their membership in AMSA.
We regret the loss of such as valued member, and have asked the District to reconsider its decision. Nonetheless, AMSA’s leadership believes that this matter cannot – and should not – be characterized as a local or watershed dispute. AMSA’s participation in the matter was appropriate given the serious national ramifications for POTWs of this citizen suit case.
AMSA’s brief in this case is posted for your review in the Litigation Tracker on AMSA’s website. If you have any questions regarding this matter, please contact AMSA’s Executive Director Ken Kirk at 202/833-4653 or kkirk@amsa-cleanwater.org.
Thank you for your continuing support of our efforts to represent the interests of the clean water community, nationwide.