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

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...