5th Circ. Reinstates CWA Suit Against Baton Rouge

Law360, Chicago (April 18, 2012, 6:46 PM EDT) -- The Fifth Circuit on Tuesday revived a community group's lawsuit alleging Baton Rouge, La., violated the Clean Water Act at three sewage treatment plants and breached a 2002 consent decree, rejecting a lower court's mootness ruling and finding the statute's parallel prosecution restriction is not jurisdictional.

The appeals court found that the CWA provision, which bars a citizen suit when the U.S. Environmental Protection Agency or state has already started and is "diligently prosecuting" a civil or criminal action, to require compliance is not jurisdictional —...
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