Clean Water Act Suit Barred By Prosecution Of Consent Decree, 11th Circuit Finds

Mealey's (June 5, 2023, 12:27 PM EDT) -- ATLANTA — The U.S. Environmental Protection Agency and Georgia Department of Resources (GDNR) have diligently prosecuted a prior consent decree resolving Clean Water Act (CWA) violations by DeKalb County to such a degree that a citizen suit alleging similar violations for the discharge of untreated sewage is barred, an 11th Circuit U.S. Court of Appeals panel found in affirming a trial court’s judgment dismissing the claims....