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1st Circuit Overturns Its Bar On Some Types Of CWA Citizen Suits

Mintz Member and Chair of the firm’s Environmental Law Practice Jeffrey R. Porter was quoted in an article published by Inside EPA on the changes to some types of Clean Water Act citizen suits. He comments, "the great volume of enforcement actions are intended to be brought by the State, and citizens suits are proper only if the Federal, State and local agencies fail to exercise their enforcement responsibility...[an environmental group] can look to who has settled Clean Water Act claims in the past and, if it can make allegations that might survive a motion to dismiss regarding the possibility of further non compliance, it can bring a citizen suit...Owing to the crushing costs of defending oneself against such allegations, most defendants will likely settle (again).”


Inside EPA