Environmental Groups Vs. Arabella Farm.pdf

Naturaland Trust, South Carolina Trout Unlimited, Upstate Forever. Defendants-Appellees: Dakota Finance LLC (d/b/a Arabella Farm), Ken Smith, Sharon Smith, Willard R. Lamneck Jr.
- Amici: South Carolina Coastal Conservation League and Charleston Waterkeeper supporting Appellants. South Carolina Chamber of Commerce supporting Appellee.
- Court: United States Court of Appeals for the Fourth Circuit.
- Case Number: No. 21-1517.
- Judge(s): Motz, Quattlebaum, and Heytens.
- Decision: Reversed and remanded by published opinion. Judge Heytens wrote the majority opinion, joined by Judge Motz. Judge Quattlebaum wrote a dissenting opinion.
- Issue: Whether a state agency's notice of an alleged violation, without more, commences an action under the Clean Water Act's civil penalty provision.
- Facts: Arabella Farm began clearing land without required permits, causing sediment-laden stormwater discharges. The South Carolina Department of Health and Environmental Control (Department) inspected the site, found violations, and sent a notice of alleged violation. Conservation groups sent a notice of intent to sue letter to Arabella Farm. After the required notice period, the conservation groups sued Arabella Farm for Clean Water Act violations.
- Decision: The court held that the Department's notice of alleged violation did not commence an action under the Clean Water Act's civil penalty provision, as it was merely a notice and did not initiate formal legal proceedings. Therefore, the district court's judgment was reversed, and the case was remanded for further proceedings.