Key Contacts
Ninth Circuit Finds Clean Water Act Suit Seeking Only Civil Penalties Becomes Moot Once Wrongful Conduct Ceased
The Ninth Circuit’s November 5th decision in Coastal Environmental Rights Foundation, v. Naples Restaurant Group, LLC exploded onto the scene -- deepening an existing circuit split on whether a Clean Water Act citizen suit stays alive based solely only civil penalties once the alleged wrongful conduct ceases. Consistent with the Eighth Circuit, the Ninth Circuit answered this question in the negative in Naples Restaurant. The Second, Third, Fourth, Seventh and Eleventh Circuits have previously answered the question in the affirmative. Overall, the key takeaway is for parties to make sure they are cognizant of the prevailing rule in their Circuit, and to be prepared to raise or respond to the arguments implicated by the Naples Restaurant opinion.
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