Atlantic City Municipal Utilities Authority v. Regional Administrator

The majority holds that the district court had no subject matter jurisdiction over the claim of Atlantic City Municipal Utilities Authority (ACMUA) under the citizen suit provision of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1365(a)(2). I would hold that the court had subject matter jurisdiction under the *104citizen suit provision. Although the majority’s analysis makes it likely that ACMUA would, in any event, lose on the merits in whatever court was eventually found to have jurisdiction, my differences with the majority are far from academic. At issue is the jurisdiction of…