November 6, 2017
On behalf of the Menominee Indian Tribe of Wisconsin (the “Menominee Tribe”), we ask that you take immediate action to remedy ongoing violations of a non-discretionary duty under the Clean Water Act (“CWA”). As fully described below, the U.S. Army Corps of Engineers (the “Corps”) and the U.S. Environmental Protection Agency (“EPA”) are in violation of their mandatory duties under the Clean Water Act Section 404 (33 U.S.C. § 1344), due to their failure to exercise jurisdiction and regulatory authority over navigable waters of the United States—the Menominee River and adjacent wetlands—that are not delegable to the State of Michigan under 33 U.S.C. § 1344(g). This letter constitutes a 60-day notice of intent to file a citizen suit against EPA pursuant to Section 505 of the CWA, 33 U.S.C. § 1365(a)(2).