Court’s Cert Denial Could Undercut EPA’s CWA Settlements, Lawyer Says

Correction Appended The Supreme Court’s recent decision declining to hear a case on whether state actions trigger the “diligent prosecution” bar to a Clean Water Act (CWA) citizen suit may impact EPA’s enforcement abilities, as the agency often uses similar approaches as the instant litigation, according to a lawyer tracking the issue. In addition, Richard Glaze, partner at Barnes & Thornburg LLP, writes in a June 9 article that the high court’s decision maintains a circuit split over what...