In the late 1990s, the city of New York confronted growing concerns surrounding the mosquito-borne West Nile virus by implementing an aerial and ground spraying program. The program consisted of spray planes and trucks that would douse the city with malathion, a controversial neurotoxin pesticide, in an attempt to eradicate mosquitoes carrying the potentially fatal virus. The plan was controversial because of the exposure of the general public to the potentially hazardous pesticide. The No Spray Coalition, a group of local organizations and individuals, filed suit to halt the insecticide spraying, alleging that such spraying violated the CWA.

CASE QUESTIONS

1. What would No Spray have to prove in order to have an actionable claim under the CWA?

2. Explain the significance of citizen suit provisions and watchdog groups in the context of this case.