Justices’ Denial Of CWA Citizen Suit Petition Could Shape State Enforcement

The Supreme Court’s decision declining review of a controversial ruling on when state enforcement actions qualify as “diligent prosecution” preempting Clean Water Act (CWA) citizen suits will raise the bar for states seeking to block such suits, attorneys say, though they are at odds on whether the new appellate precedent clarifies the test or makes it even murkier. The justices on May 15 denied review of a ruling from the U.S. Court of Appeals for the 4th Circuit in Dakota...