Perspective
Jul. 26, 2013
New Clean Water Act decision raises defense concerns
The parameters of what is a "diligent prosecution" have not been explored in great detail in the 9th Circuit until now, and their view raises concerns. By Christopher W. Smith and Steven L. Hoch
Under the Clean Water Act, a defense to a citizen suit is the "diligent prosecution" bar. See 33 U.S.C. 1365(b)(1)(B). The diligent prosecution bar provides that no citizen suit may be commenced "if [a state or federal authority] has commenced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order.&q...
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