Appeal from the United States District Court for the Western District of Kentucky at Louisville.
No. 3:18-cv-00706—David J. Hale, District Judge.
Decided and Filed: March 11, 2022
Before: SILER, COLE, and NALBANDIAN, Circuit Judges.
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OPINION
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NALBANDIAN, Circuit Judge. This case tells a tale of two creeks. The first, Pond
Creek, drains into a watershed highly prone to flooding. The second, Fishpool Creek, diverts
excess stormwater from that watershed into Vulcan Quarry through a channel maintained by the
Louisville & Jefferson County Metro Sewer District. For the owner of Vulcan Quarry—South
Side LLC—Fishpool Creek’s diversion created only the worst of times. According to South
Side, Metro Sewer District used the diversion channel to flood and pollute Vulcan Quarry, all in
violation of the Clean Water Act and Kentucky state law.
Metro Sewer District responded that the diversion channel connecting Fishpool Creek
and Vulcan Quarry is part of a flood control project that was planned and constructed years ago.
And that South Side knew this when it bought the property. According to Metro Sewer District,
this meant that some of South Side’s claims were time-barred. It also contended that South Side
failed to give it sufficient notice of the pollution problems before suing.
The district court sided with Metro Sewer District and dismissed South Side’s claims.
For the following reasons, we affirm its decision. |