11th Circuit Won’t Reconsider Diligent Prosecution Bar Holding in CWA Dispute

(July 31, 2023, 1:02 PM EDT) -- ATLANTA — An 11th Circuit U.S. Court of Appeal panel on July 28 denied a petition for hearing of its previous opinion where it found that the U.S. Environmental Protection Agency and Georgia Department of Resources (GDNR) were diligently prosecuting 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 was barred....