Legal Opinion
Lockett v. Environmental Protection Agency
Court of Appeals for the Fifth Circuit
Decided January 24, 2003No. 01-31465PublishedCited by 35 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This is an appeal from dismissal of a citizen suit brought under the Clean Water Act. We conclude that the suit cannot proceed because Louisiana is diligently prosecuting an action under a comparable state law.
I
The appellants are landowners in and around the Village of Folsom, Louisiana. Folsom owns and operates a sewage treatment facility which discharges effluent into a ravine that abuts or traverses the private properties of the landowners. They allege that the effluent is improperly treated, and as a result violates the plant’s National Pollutant…
2Cases cited10 opinions
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Hallstrom v. Tillamook CountySupreme Court of the United States · 1990
- Coury v. ProtCourt of Appeals for the Fifth Circuit · 1996
- North and South Rivers Watershed Association, Inc. v. Town of ScituateCourt of Appeals for the First Circuit · 1992
- Peavy v. WFAA-TV, Inc.Court of Appeals for the Fifth Circuit · 2000
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Glory Truong v. Bank of America, N.A.Court of Appeals for the Fifth Circuit · 2013
- Andrade v. ChojnackiCourt of Appeals for the Fifth Circuit · 2003
- Paper, Allied-Industrial, Chemical & Energy Workers International Union v. Continental Carbon Co.Court of Appeals for the Tenth Circuit · 2005
- Ellis v. Gallatin Steel Co.Court of Appeals for the Sixth Circuit · 2004
- Cebollero-Bertran v. PR Aqueduct & Sewer AuthorityCourt of Appeals for the First Circuit · 2021
30 more not listed; retrieve them via the Exa API.