ELR Citation: ELR 20038
No(s). 08-1103 (7th Cir. Feb 13, 2009)

The Seventh Circuit upheld the dismissal of environmental groups' Clean Water Act (CWA) citizen suit action against a local sewer district for certain sewer overflow violations. In 2002, after the groups filed their suit, the state filed suit as well. Shortly thereafter, the state and the district entered into a stipulation order requiring the district to spend more than $900 million on various projects. The district court then dismissed the groups' suit on res judicata grounds, concluding that the stipulation was capable of achieving compliance with the CWA and, therefore, was a diligent prosecution for privity purposes. The groups appealed, arguing that the district court failed to consider and give due weight to the district's post-stipulation violations of the CWA, a post-stipulation determination that the stipulation would not bring the district into compliance with the Act, and a post-stipulation enforcement action against the district. The groups also argued that the district court erred by refusing to admit into evidence a letter from the U.S. Environmental Protection Agency that the stipulation would not ensure compliance with the CWA. Although these arguments are entitled to some weight, they are not a sufficient basis for reversing the district court.

[Prior decisions in this litigation can be found at 35 ELR 20067 and 37 ELR 20313.]