Mid-New York Environ. v. Dragon Springs
Split Score
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Case Summary
Disposition
Vacated
The Second Circuit held that the Clean Water Act’s 60-day pre-suit notice requirement is non-jurisdictional and that the plaintiffs’ notice to Dragon Springs adequately identified the alleged pollutant discharges and violated standards. Consequently, the panel vacated the district court’s dismissal of the citizen-suit complaint and remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether the Clean Water Act’s 60-day pre-suit notice requirement in 33 U.S.C. § 1365(b) is a jurisdictional prerequisite to suit or a non-jurisdictional claim-processing rule.
Circuit Positions
§ 1365(b) notice requirement is NOT jurisdictional; it is a claim-processing rule affecting the sufficiency of the complaint only.
§ 1365(b) notice requirement IS jurisdictional; failure to comply eliminates subject-matter jurisdiction.
Conflict Summary
Several circuits hold that a defective pre-suit notice deprives federal courts of subject-matter jurisdiction, while others treat the requirement as a non-jurisdictional condition precedent that, if unmet, leads to dismissal on the merits rather than for lack of jurisdiction. The Second Circuit in this opinion joins the non-jurisdictional side.