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

Inside EPA quoted Environmental Law Practice Chair Jeffrey R. Porter in an article regarding the Supreme Court's decision to reject petitions for certiorari in the case of Dakota Finance LLC, dba Arabella Farm, et al., v. Naturaland Trust, et al. Jeff said "The decision provides greater clarity about what steps regulators in the 4th Circuit states of Maryland, North Carolina, South Carolina, Virginia and West Virginia must take to preempt citizen suits, and may lead more states to file “bare-bones” legal complaints in the early phases of enforcement action." He continued, “I think everybody would agree that if the state had filed a complaint instead of sending a notice of violation and enforcement conference, the bar would have applied."


Inside EPA