Atlantic States Legal Foundation, Inc. v. Eastman Kodak Company

WINTER, Circuit Judge:

This appeal presents the question of whether a properly commenced citizen suit under the Clean Water Act may continue after the citizen suit defendant and the appropriate state officials have reached a settlement regarding the Clean Water Act violations in issue. We hold that a citizen suit cannot proceed solely for the purpose of challenging the terms of a settlement reached by state officials so long as the settlement reasonably assures that the violations alleged in the citizen suit have ceased and will not recur. We also hold, however, that a plaintiff in a properly…