Federal Judge: Tennessee And Agency Failed To Diligently Prosecute CWA Violations

(September 14, 2023, 5:20 PM EDT) -- COOKEVILLE, Tenn. — An environmental group’s citizen suit against a Tennessee city that has allegedly violated the Clean Water Act (CWA) by failing to maintain its often-overflowing sewer system is not precluded by the CWA’s diligent prosecution bar because neither Tennessee nor its environmental agency has been diligently prosecuting the consent decree they signed with the city regarding the sewer system, a Tennessee federal judge found in denying the city’s motion to dismiss for lack of subject matter jurisdiction....