ELR Citation: ELR 20067
No(s). 03-3809 (7th Cir. Sep 2, 2004)

The Seventh Circuit reversed a district court decision dismissing environmental group's Clean Water Act citizen suit against a local sewerage district. The group's claim concerned sanitary sewer overflows that occurred between 1994 and 2001 in violation of the state's pretreatment standards for wastewater. Contrary to the district court's finding, the state had not diligently prosecuted the alleged violations. Nor does res judicata bar the suit.