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 —...
To view the full article, register now.

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.