Under the authority of the Clean Water Act, the Global Environment Resistance Movement (GERM) initiated a citizen's suit under the authority of the Clean Water Act asking the court to issue an order that would shut down a plant on the Kokosing River that was dumping waste into the navigable wate r ways of that river.
The administrator responded that GERM had acted in haste and did not meet the statutory requirement of giving him 60 days' notice. GERM responded by noting that the notice requirement had been waived by the administrator when he announced in a press confe r ence that he did not intend to shut down the Kokosing plant . . . ever!
In their argument, GERM pointed to the Clean Air Act and used that as the template for its lawsuit. Do the Clean Air Act and the Clean Water Act have identical citizen suit provisions?
If they are the same, why is this so? If they are different, what are the differences? Who should win this case, GERM or the administrator? Why?