Plaintiffs Appeal Citizen Suit Ruling Amid Uncertainty On ‘Prosecution’ Bar

Plaintiffs are asking a federal appellate court to reconsider its 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, amid uncertainty on the issue after the Supreme Court let stand another case that raised the bar for regulators seeking to preempt such suits on those grounds. South River Watershed Alliance filed a June 21 petition for rehearing en banc to the...