Judge Rejects City's Charge That Sewer Overflow Citizen Suit Is 'Abuse'

A federal district court judge has rejected a Tennessee city's novel attempt to throw out a Clean Water Act (CWA) citizen suit on the grounds that the suit constitutes an "abuse of process," extortion and coercion, allowing to move forward on the merits a case that has drawn Department of Justice (DOJ) involvement due to other aspects of the city's defense. In a Nov. 4 order, Judge Kevin Sharp of the U.S. District Court for the Middle District of Tennessee...