Legal Opinion
Karr v. Hefner
Court of Appeals for the Tenth Circuit
Decided February 2, 2007No. 05-7105PublishedCited by 56 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
The Clean Water Act (CWA), 33 U.S.C. § 1251 et seq., authorizes citizen lawsuits against defendants alleged to be in violation of the CWA, see 33 U.S.C. § 1365(a)(1), but only when (1) the plaintiffs have given proper notice of the alleged violation to the defendants, the Administrator of the Environmental Protection Agency (EPA), and the state in which the alleged CWA violations have occurred, see id. § 1365(b)(1)(A); and (2) the EPA is not “diligently prosecuting” a court action against the violations, see id. § 1365(b)(1)(B). Billy Karr, Betty Scott, Gene Handleman,…
2Cases cited16 opinions
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
- Smith v. PlatiCourt of Appeals for the Tenth Circuit · 2001
- Public Interest Research Group of New Jersey, Inc., Friends of the Earth in No. 93-5721 v. Hercules, Inc. In No. 93-5720Court of Appeals for the Third Circuit · 1995
- North and South Rivers Watershed Association, Inc. v. Town of ScituateCourt of Appeals for the First Circuit · 1992
- Parker v. ScottCourt of Appeals for the Tenth Circuit · 2005
11 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Chesapeake Bay Foundation, Inc. v. Severstal Sparrows Point, LLCDistrict Court, D. Maryland · 2011
- Group Against Smog & Pollution, Inc. v. Shenango Inc.Court of Appeals for the Third Circuit · 2016
- Environmental Conservation Organization v. City of DallasCourt of Appeals for the Fifth Circuit · 2008
- Piney Run Preservation Ass'n v. County Commissioners of Carroll CountyCourt of Appeals for the Fourth Circuit · 2008
- National Parks & Conservation Ass'n v. Tennessee Valley AuthorityCourt of Appeals for the Eleventh Circuit · 2007
51 more not listed; retrieve them via the Exa API.