Websection 505 of the CWA permits any citizen to commence a suit against any person who violates an effluent standard or limitation of the CWA, or against the Administrator of EPA (Administrator) for failing to perform any nondiscretionary duty.24 Prior to filing suit, the citizen is required to give notice to the Administrator and to the state in … WebApr 5, 2024 · Citizen Suits (Section 505) Procedures for Agency Response to Clean Water Act Citizen Suit Activity; Clean Water Act Section 505, Effect of Prior Citizen Suit Adjudications or Settlement on the United States ability to sue for same violations; Notes on Section 505 CWA Citizen Suits; Safe Drinking Water Act (SDWA) Policy and Guidance …
Lowering the Bar?: Reevaluating the Diligent Prosecution
WebSep 8, 2024 · Section 505 (a) (1) of the Clean Water Act (CWA) authorizes “any citizen” to commence a civil action “on his own behalf” against any person who is alleged to be in violation of an effluent standard or limitation promulgated under the statute. WebABSTRACT By interpreting the Clean Water Act's administrative penalty provisions as a bar to citizen suits under almost all circumstances, the United States Courts of Appeals for the First and Eighth Circuits have imposed a major restriction on citizen enforcement against water polluters. sra hampson hughes
Jeff Moore, P.E., Esq. - Attorney - Jeffrey W Moore Law, …
WebJun 5, 2012 · The district court dismissed the plaintiffs' action, holding that the Clean Water Act's citizen suit provision does not allow for citizen suits to enforce Section 404 … WebCitizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act (CWA) for illegally polluting a waterway. Second, a private citizen can bring a lawsuit ... WebA. Clean Water Act Congress first enacted the Water Pollution Prevention and Control Act in 1948. 32. The law is comprehensive, providing goals for research, grants for construction projects, and overall regulatory standards. 33. Congress subsequently passed the Clean Water Act in 1972 as a series of amendments to the Water Pollution Prevention sragh dismantlers