The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc., 410 F.Supp.3d 299

The Blackstone Headwaters Coalition sued Gallo Builders, Inc. (GBI), Arboretum Village, LLC, and Robert and Steven Gallo under the Clean Water Act citizen-suit provision, alleging operation of a residential construction site without the required NPDES Construction General Permit (CGP).
GBI obtained CGP coverage for the Arboretum site in 2006; when the EPA reissued the CGP process in 2012, GBI let its coverage lapse and Arboretum Village, LLC obtained the CGP in May 2012.
Arboretum Village, LLC, GBI, and the Gallo family companies are owned and controlled by Robert and Steven Gallo, who exercised operational authority over site erosion and sediment controls.
Massachusetts DEP investigated stormwater violations at the Site, issued a Unilateral Administrative Order in 2013, and resolved the matter with Arboretum via an Administrative Consent Order with Penalties (ACOP) finalized in 2014.
Plaintiff’s remaining claim alleged GBI and the Gallos violated the CWA by operating without a permit; defendants moved for summary judgment and the court granted it.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Blackstone may bring a citizen suit against GBI/individuals for operating without a CGP when Arboretum holds the permit	Gallo/GBI lacked the required permit as an operator; failure is more than a technicality	Same owners/control; Arboretum holds the permit and agencies knew owner; Paolino treats name mismatch as administrative	Court: Grant summary judgment — listing Arboretum as permit holder is not a substantive CWA violation under these facts
Whether the Gallos (individuals) are separately liable as operators requiring distinct CGP coverage	The Gallos exercised operational control and so must have or ensure coverage	Gallos acted through entities; DEP/other agencies interacted with and enforced against Arboretum; compliance under ACOP	Court: Held Gallos’ control and agency awareness meant no separate, actionable permit violation; summary judgment for defendants

Paolino v. JF Realty, LLC, 830 F.3d 8 (1st Cir. 2016) (permit-name mismatch can be an administrative, not substantive, violation where same control and regulator awareness show compliance)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment burden-shifting framework)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (standard for genuine dispute and materiality at summary judgment)
Scanlon v. Dep’t of Army, 277 F.3d 598 (1st Cir. 2002) (facts viewed in the light most favorable to the nonmoving party at summary judgment)