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Home / Opinion Digests / Notice of violation doesn’t stop Clean Water Act suit (access required)

Notice of violation doesn’t stop Clean Water Act suit (access required)

Where the Clean Water Act prohibits a civil action where a state agency has commenced and is diligently prosecuting an action under a state law comparable to the federal scheme for assessing civil penalties, the lawsuit here could proceed although a state agency had previously issued a notice of an alleged violation. The notice did ...