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Judges Leval, Sack and Korman http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=44464 PLAINTIFFS BROUGHT a citizen suit under the Clean Water Act to enjoin the City of New York from spraying insecticide in a manner causing pollution of navigable waters without a permit. The suit arose from the city’s deployment of trucks and helicopters to spray pesticides designed to kill mosquitoes after the West Nile virus appeared. The Act authorizes any citizen to sue to enforce its provisions. The district court had granted defendants’ motion for summary judgment. It had ruled that the citizen suit provision of the Clean Water Act did not apply to uses of pesticide that complied with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. In contrast to the CWA, FIFRA did not provide for citizen enforcement suits. The panel concluded that Congress intended the CWA’s citizen suit provision to operate regardless of whether the claimed violation of CWA also violated FIFRA. The panel vacated the opinion of the district court and remanded for further proceedings.

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