Russell Scott Frye's Answers

Pumping Water from a unnatural waterway into a natural waterway and nuisance.

It sounds like you may have an action from trespass (or maybe an action for private nuisance, if the moat he is maintaining really is breeding excessive mosquitos). This would be pursued in state trial court. Another approach, though, would be to file a citizen suit under section 505 of the federal Clean Water Act, 33 U.S.C. section 1365 for the unpermitted discharge of pollutants to "waters of the United States" (since the mayor says the discharge is going into a natural waterway. The Act...

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