Question

In No Spray Coalition, Inc. v. The City of New York, No Spray Coalition filed a lawsuit in New York City to stop the city's program of spraying for mosquitoes to prevent the spread of the West Nile Virus, a potentially fatal disease. The program included both ground and aerial spraying of a potentially hazardous pesticide. No Spray contented that the chemicals were being sprayed in violation of the Clean Water Act (CWA). The court found that:
A.No Spray was not allowed to sue under the citizen suit provision.
B.New York was in violation of the CWA because the pesticides it was spraying entered the city's rivers and navigable water.
C.New York was spraying the pesticides according their labels as approved by the Environmental Protection Agency (EPA) and therefore was permitted under the CWA.
D.The risks of the spread of the West Nile Virus outweighed the risks to the navigable waters and so spraying was therefore permitted.

Answer

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