N.T. \Brother\" Greene, 956 F.2d 593 (1992). · Go Syfert
N.T. \Brother\" Greene, 956 F.2d 593 (1992). Cases Citing This Book View Copy Cite
18 citation events (8 in the last 25 years) across 8 distinct courts.
Strongest positive: Stephens v. Koch Foods, LLC (tned, 2009-10-13)
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Stephens v. Koch Foods, LLC
E.D. Tenn. · 2009 · confidence medium
Nat’l Parks Conservation Ass’n, Inc. v. Tenn. Valley Auth., 175 F.Supp.2d 1071, 1077 (E.D.Tenn.2001) (citing Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992)); see also Walls v. Waste Res.
discussed Cited as authority (rule) Sierra Club Ohio Chapter v. City of Columbus (2×)
S.D. Ohio · 2003 · confidence medium
See Bd. of Trustees of Painesville Township v. City of Painesville, 200 F.3d 396, 400 (6th Cir.1999) (citing Walls v. Waste, Resource Corp., 761 F.2d 311, 316 (6th Cir.1985)); Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992) (“the notice requirement is not a mere technical wrinkle of statutory drafting or formality to be waived by the federal courts”) (internal quotations omitted).
cited Cited as authority (rule) National Parks Conservation Ass'n v. Tennessee Valley Authority
E.D. Tenn. · 2001 · confidence medium
Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992).
discussed Cited as authority (rule) Board of Trustees of Painesville Township Mayridge Construction Company v. City of Painesville, Ohio
6th Cir. · 1999 · confidence medium
See Hallstrom v. Tillamook County, 493 U.S. 20, 26 , 110 S.Ct. 304 , 107 L.Ed.2d 237 (1989); see also Walls, 761 F.2d at 316 (holding that “compliance with the sixty day notice requirement is a jurisdictional prerequisite to bringing suit against private defendants under the ... [CWA]”); Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992) (similar).
discussed Cited as authority (rule) Ohio Public Interest Research Group v. Laidlaw Environmental Services, Inc.
S.D. Ohio · 1996 · confidence medium
Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992); Walls v. Waste Resource Corp., 761 F.2d 311, 316 (6th Cir.1985); Ada-Cascade Watch Co. v. Cascade Resource Recovery, 720 F.2d 897 , 908 (6th Cir.1983).
discussed Cited as authority (rule) New Mexico Citizens for Clean Air and Water Pueblo of San Juan v. Espanola Mercantile Company, Inc., Doing Business as Espanola Transit Mix Co.
10th Cir. · 1996 · confidence medium
See Public Interest Research Group of New Jersey, Inc. v. Windall, 51 F.3d 1179 , 1189 n. 15 (3d Cir.1995); Washington Trout v. McCain Foods, Inc., 45 F.3d 1351, 1354 (9th Cir.1995); Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992); National Envtl.
cited Cited "see" City of Olmsted Falls v. U.S. Environmental Protection Agency
N.D. Ohio · 2002 · signal: see · confidence high
See Greene v. Reilly, 20 ELR 21161 (W-D.Tenn.1990), aff'd on other grounds, 956 F.2d 593 (6th Cir.1992).
cited Cited "see" Siemientkowski v. Moreland Homes, Inc.
6th Cir. · 2002 · signal: see · confidence high
See Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992).
discussed Cited "see, e.g." South Side Quarry, LLC v. Louisville & Jefferson Cnty. Metro. Sewer Dist.
6th Cir. · 2022 · signal: see also · confidence medium
States Legal Found., Inc., v. United Musical Instruments, 61 F.3d 473, 478 (6th Cir. 1995); see also Greene v. Reilly, 956 F.2d 593, 594 (6th Cir. 1992) (explaining that “the notice requirement is not a mere technical wrinkle of statutory drafting or formality to be waived by the federal courts” (citation omitted)).
discussed Cited "see, e.g." Bettis v. Town of Ontario, NY
W.D.N.Y. · 1992 · signal: see also · confidence medium
Under these circumstances, “the District Court must dismiss the action as barred by the terms of the statute.” Hallstrom v. Tillamook County, 493 U.S. 20, 33 , 110 S.Ct. 304, 312 , 107 L.Ed.2d 237 (1989); see also Greene v. Reilly, 956 F.2d 593, 594 (6th Cir.1992) (plaintiff who reported alleged violations to various EPA officials but who did not notify EPA of plans to sue did not satisfy requirements for CWA suit against EPA Administrator); Save the Yaak Committee v. Block, 840 F.2d 714, 721 (9th Cir.1988) (letters to supervisor of national forest and to regional director of U.S. Fish and…
Retrieving the full opinion text from the archive…
and Other Citizens Similarly Situated
v.
William K. Reilly
Guy, Boggs, Harvey.
RU
PER CURIAM.

This is a “citizen suit” brought by N.T. “Brother” Greene against the Administrator of the Environmental Protection Agency (EPA), the Regional Administrator of the EPA for the region which includes Tennessee, the United States Attorney General, and the United States Attorney for the Western District of Tennessee under section 505(a)(2) of the Federal Water Pollution Control Act (FWPCA), as amended by the Clean Water Act of 1977, 33 U.S.C. § 1365(a)(2). Greene alleged that point-source discharges from sites near Memphis, Tennessee violated section 301 of the FWPCA, 33 U.S.C. § 1311. He sought declaratory and injunctive relief to ensure that the EPA corrected the alleged violations by issuing compliance orders to those responsible.

Finding that section 309(a)(3) of the FWPCA, 33 U.S.C. § 1319(a)(3), does not[*594] require the EPA to take action when it discovers violations of section 301, the district court dismissed Greene’s complaint on the ground that it lacked jurisdiction to order the EPA to perform discretionary acts. Greene appeals, arguing that section 309(a)(3) places on the Administrator of the EPA a mandatory duty to issue compliance orders to violators of the FWPCA. We need not reach the question whether section 309(a)(3) requires the EPA either to issue a compliance order or to bring a civil suit when it finds a violation of section 301 of the FWPCA, because Greene failed before filing suit to give sixty-days’ notice to the EPA of his plans to file suit, as required by section 505(b)(2) of the FWPCA, 33 U.S.C. § 1365(b)(2). Hence, we affirm on other grounds.

Section 505(a)(2) permits any citizen to sue the Administrator of the EPA where the citizen alleges that the Administrator has failed to perform any act or duty which is not discretionary. 33 U.S.C. § 1365(a)(2). Yet, section 505(b)(2) provides that no action may be commenced “under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator_” 33 U.S.C. § 1365(b)(2). Further, “[sjervice of notice of intent to file suit pursuant to section 505(a)(2) of the [FWPCA] shall be accomplished by certified mail addressed to, or by personal service upon, the Administrator, Environmental Protection Agency, Washington, DC, 20460.” 40 C.F.R. § 135.2(b). Thus, under the plain language of the statute and its implementing regulation, a citizen may not sue the Administrator until sixty days after the citizen has notified the Administrator, either by certified mail or by personal service, of the citizen’s intent to sue.

Greene concedes that he did not notify the Administrator before filing his complaint that he planned to bring a citizen suit. Hence, because “[a] civil action is commenced by filing a complaint with the court,” Fed.R.Civ.P. 3, Greene failed to comply with the FWPCA’s sixty-day notice provision.

Although Greene admits that he failed to give notice, he argues that he satisfied the notice provision because the EPA knew of the section 301 violations near Memphis. Yet, the Supreme Court rejected this flexible approach in Hallstrom v. Tillamook County, 493 U.S. 20, 110 S.Ct. 304, 107 L.Ed.2d 237 (1989). Noting a conflict among the Courts of Appeals regarding the correct interpretation of the sixty-day notice provision found in the Resource Conservation and Recovery Act of 1976 (RCRA), 90 Stat. 2825 (1976), as amended, 42 U.S.C. § 6972, and in other similar federal statutes, including in section 505(b) of the FWPCA, the Supreme Court ruled that compliance with the sixty-day notice provision is a mandatory condition precedent to filing suit. Observing that “[t]he equities do not weigh in favor of modifying statutory requirements when the procedural default is caused by [a plaintiff’s] ‘failure to take the minimal steps necessary’ to preserve [a] claim,” the Supreme Court found no reason to create an exception to the statutory notice provision. Hallstrom, 493 U.S. 20, 21, 110 S.Ct. 304, 306, 107 L.Ed.2d 237, 247 (1989) (quoting Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 466, 95 S.Ct. 1716, 1723, 44 L.Ed.2d 295 (1975)).

Similarly, we see no reason to create an exception to the FWPCA’s notice provision. Although Greene alleges that he reported the section 301 violations to the EPA, he made no attempt to notify the EPA of his plans to sue the Administrator. He merely contacted various EPA officials to report the alleged violations, and asked that the EPA take steps to correct them. Yet, the statute requires notice of intent to sue, not notice of alleged FWPCA violations. As this Court has remarked in reference to the notice requirement found in the citizen suit provisions of the RCRA and the FWPCA, “ ‘the notice requirement is not a mere technical wrinkle of statutory drafting or formality to be waived by the federal courts.’ ” Walls v. Waste Resource Corp., 761 F.2d 311, 316 (6th Cir.1985) (quoting Ada-Cascade Watch Co. v. Cascade Resource Recovery, 720 F.2d 897, 908 (6th Cir.1983) (Merritt, J., dissenting)). Thus,[*595] we hold that notice of alleged FWPCA violations does not satisfy the requirement of notice of intent to file suit.

Accordingly, the district court’s dismissal of Greene’s complaint is AFFIRMED.