LOUISIANA ENVIRONMENTAL ACTION v. Baton Rouge

Plaintiff-Appellant Louisiana Environmental Action Network filed this citizen suit against Defendants-Appellees the City of Baton Rouge and the Parish of East Baton Rouge, alleging violations of the Clean Water Act. The Defendants filed a Rule 12(b)(6) motion to dismiss, asserting that the citizen suit was barred under the “diligent prosecution” provision of the Act. 33 U.S.C. § 1365(b)(1)(B). The district court granted the motion to dismiss, but on the ground that the 2002 consent decree mooted Plaintiffs claims. On appeal, Plaintiff contends that the district court erred in granting the…