CLF Appeals Clean Water Act Ruling in Cape Cod Case

Judge previously ruled that claims against Wychmere Resort do not apply

Wychmere Harbor. Photo: James Kirkikis via Shutterstock

December 20, 2019 (BOSTON, MA) – Conservation Law Foundation (CLF) has filed an appeal of a recent ruling in its case against Wychmere Beach Club on Cape Cod. A judge previously ruled that CLF’s Clean Water Act claims would not be allowed in the case. The case is moving forward under the Resource Conservation and Recovery Act (RCRA) claims.

“Pollution is killing the Cape bays and beaches that resorts like Wychmere depend on,” said Chris Kilian, Vice President of Strategic Litigation at CLF. “Instead of wasting everyone’s time and expense seeking to justify continued pollution, the resort should clean up the mess it has created in Wychmere harbor. CLF will continue this fight against the destruction of Cape waters that belong to all of us.”

CLF has argued that Wychmere’s septic treatment system is releasing dangerous nitrogen pollution into the nearby harbor and that it should be subject to the federal Clean Water Act permitting process. The judge rejected that argument in a ruling earlier this month as a result of a recent EPA directive. He has allowed the RCRA claims to move forward.

CLF recently settled a similar lawsuit against Wequassett Resort.

CLF experts are available for further comment.