Washington Public Interest Research Group ("Washpirg") v. Pendleton Woolen Mills

WALLACE, Chief Judge:

On this appeal we decide whether citizens may bring a suit seeking penalties against a violator of the Clean Water Act, 38 U.S.C. § 1251 et seq. (Act), when the Environmental Protection Agency (EPA) has already instituted an administrative compliance action in the same matter. The district court had jurisdiction over the Washington Public Interest Research Group’s (WashPIRG) citizen suit against Pendleton Woolen Mills, Inc. (Pendleton) pursuant to 33 U.S.C. § 1365(a)(1) and granted summary judgment to Pendleton. We have jurisdiction over WashPIRG’s timely appeal pursuant…