En Banc Panel Says Enforcement Action No Bar To Injunction Bid

Mealey's (May 2, 2022, 1:54 PM EDT) -- BOSTON — In a win for environmental groups and the federal government, the en banc First Circuit U.S. Court of Appeals said April 28 that its ruling a year earlier that a limitation in the Clean Water Act precluding citizen suits that seek to apply a civil penalty to those accused of ongoing violations also applies to citizen suits seeking declaratory or prospective injunctive relief from such violations construed the limitation “too broadly.”...