High Court Urged To Review CWA’s ‘Diligent Prosecution’ Bar In Citizen Suits

March 21, 2023
Republican-led states and industry groups are urging the Supreme Court to take up a case that tests the scope of the Clean Water Act’s (CWA) bar on citizen suits targeting alleged violations already subject to “diligent prosecution” by EPA or a delegated state. In separate amicus briefs filed earlier this month, the parties urged the justices to review and overturn a ruling from the U.S. Court of Appeals for the 4th Circuit that held a state-issued notice of violation...

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