Ruling Deepens Circuit Split On CWA Notice Requirement For Jurisdiction

September 22, 2025
The 2nd Circuit has ruled that courts lack jurisdiction to review claims alleging citizens may have provided inadequate notice when filing Clean Water Act (CWA) citizen suits, easing plaintiffs’ ability to bring such actions and deepening a circuit split that could open the door to Supreme Court review. The U.S. Court of Appeals for the 2nd Circuit issued a Sept. 16 decision in Mid-New York Environmental and Sustainability Promotion Committee, Inc., v. Dragon Springs Buddhist, Inc. , holding that CWA...

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