An appeals court has reversed a decision by a federal judge in White Plains who dismissed a citizens’ environmental lawsuit brought against Dragon Springs Buddhist Inc. in Orange County.
The U.S. Court of Appeals for the Second Circuit vacated the dismissal on Sept. 16 and mandated on Oct. 9 that the district court resume proceedings.
Dragon Springs is a nonprofit organization that owns 393-acres in Cuddebackville, Deerpark. The Falun Gong spiritual movement that promotes traditional Chinese culture in opposition to the Chinese Communist Party, and the Shen Yen dance company, are based there.
NYenvironcom and three homeowners who live near the Dragon Springs compound sued the organization under the federal Clean Water Act.
They claimed that Dragon Springs had been discharging wastewater and stormwater containing high levels of fecal matter, due to an illegal construction project and an inadequate wastewater treatment plant. Allegedly polluted waters then drained into the Basher Kill, the Neversink River and ultimately the Delaware River. They wanted the court to stop the purported pollution and make Dragon Springs clean up the grounds.
The federal Clean Water Act enables  private citizens to enforce environmental laws. But first, they must give 60 days notice to the suspected polluters, of their intention to sue, and to government environmental regulators who may take over the case. And they must provide details about the alleged violations and violators.
Dragon Springs argued that the 60-day notice provided insufficient information about when and where pollution was discharged, who was responsible, and the specific standards that were violated.
U.S. District Judge Kenneth M. Karas agreed and dismissed the case in September 2024. NYenvironcom and the homeowners appealed the decision.
Three Second Circuit appellate judges based in Manhattan found that NYenvironcom and the homeowners did provide sufficient advance notice of their intention to sue Dragon Springs.
Congress did not intend for the 60-day notice to be onerous, the appellate judges said. Rather, citizens, who may have limited access to a defendant’s property, must give a clear indication of their intent. They must give regulatory agencies enough information for deciding whether to act, and give potential defendants enough information on which to act.
NYenvironcom and the homeowners had included nine specific test results and dates where contaminated water was detected. They identified where the alleged pollution was “escaping” Dragon Springs’ property.
Dragon Springs “cannot credibly claim to have been confused about what they were accused of,” the judges stated.
The 60-day notice had enough information for Dragon Springs to identify violations, bring itself into compliance, and make a costly lawsuit unnecessary. “That’s enough,” the appellate justices ruled. “That’s the purpose of the notice requirement.”
