Environmental Conservation Organization v. City of Dallas

SOUTHWICK, Circuit Judge:

The Environmental Conservation Organization appeals the dismissal of its Clean Water Act citizen suit against the City of Dallas, Texas, arguing that the district court erroneously concluded that its suit was barred under the doctrine of res judicata. We agree that the citizen suit should have been dismissed, but not for the reasons given by the district court. We hold that the citizen suit became moot prior to the district court’s entry of final judgment; therefore, we vacate the judgment because it was rendered without jurisdiction.

I. Facts and Procedural Background

T…