Court rejects reconsideration of citizen suit’s prosecution bar

August 4, 2023
A federal appellate court has denied plaintiffs’ request for reconsideration of a panel’s dismissal of their citizen suit that alleges a Clean Water Act (CWA) consent decree between regulators and a Georgia county does not meet the law’s “diligent prosecution” bar. In a July 28 order , the U.S. Court of Appeals for the 11th Circuit without explanation denied plaintiffs petition for rehearing and petition for rehearing en banc . The order responds to plaintiffs June 21 petition for rehearing...


Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.