First Circuit Overrules Precedent By Holding That Administrative Enforcement Does Not Bar CWA Citizens Suit
MGKF Law
MAY 8, 2022
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water Act (“CWA”)? Yes, as long as the citizen suit does not seek civil penalties, according to the First Circuit in The Blackstone Headwaters Coalition, Inc. v. Gallo Builders , No. 19-2095, __ F. 4 th __ (1st Cir. 2022).
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