1st Circuit Overturns Its Bar On Some Types Of CWA Citizen Suits

The U.S. Court of Appeals for the 1st Circuit has overturned its years-old bar on Clean Water Act (CWA) citizen suits seeking declaratory or prospective injunctive relief when a state is “diligently” prosecuting a violation, a holding that is expected to increase the filing of such suits and potential liability, even in cases where parties may have settled. In an April 28 en banc opinion written by Chief Judge David Barron, the court agreed with environmentalists, EPA and Massachusetts...