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Environmental Conservation Org. v. Dallas

ELR Citation: 38 ELR 20129
Nos. No. 07-10583, (5th Cir., 05/27/2008)

The Fifth Circuit dismissed as moot an environmental group's Clean Water Act (CWA) citizen suit against a city for violating its separate storm sewer system permit. The lower court dismissed the case on grounds that it was barred by res judicata. But because a consent decree in a prior U.S. Environmental Protection Agency enforcement action against the city addressed all of the CWA violations alleged in the group's citizen suit, extracted reasonable civil penalties, and mandated that the city undertake significant corrective measures, the citizen suit was moot. The lower court's grant of summary judgment in favor of the city was therefore vacated and remanded.