Projo 7 to 7 News Blog

NEWPORT -- Four citizen activists, joined by two environmental organizations, filed a federal lawsuit today to stop the city from fouling the harbor and local beaches with pollution. The group announced it will soon sue Middletown over its discharges, too.

"Newport's beaches and Newport Harbor are iconic waterways. They are really both local and national treasures. Unfortunately, partially treated sewage and stormwater has caused literally hundreds of swimming advisories, beach closures and warnings, " Matt Auten, an advocate for Environment Rhode Island, said while standing on the shore of Easton's Beach, also known as First Beach.

Behind him, red flags flapped in the wind, warning bathers not to go into the water at the Middletown end, known as Atlantic Beach. A stream close to where Auten stood is suspected of carrying contaminants to the beach from elsewhere in the city. This afternoon, the state Department of Health lifted is no-swimming recommendation at the beach.

Environment Rhode Island filed the lawsuit in U.S. District Court, Providence.

What the group is seeking, with the legal assistance of the Boston-based National Environmental Law Center, are out-of-court settlements with Newport and Middletown.

"Environment Rhode Island and the four Newport residents have been working with the town and the city for years to try and end these pollution problems. Neither the city nor the town have taken adequate steps at this point," said Theresa Labriola, the law center's staff attorney. "Our goal is to come up with an enforceable resolution to this problem with a date certain when the pollution will end."

She said that the U.S. Clean Water Act empowers citizens affected by pollution to bring lawsuits, called "enforcement actions," in federal court. The suit names not only the city, but Earth Tech, the company that operates the city's sewage treatment systems.

-- Journal staff writer Richard Salit

 Tags  lawsuit Middletown Newport

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