GOP AGs Urge Supreme Court to Limit Citizen Suits Under the Clean Water Act

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  • A group of 25 Republican AGs submitted an amicus brief to the U.S. Supreme Court in Port of Tacoma, et al. v. Puget Soundkeeper Alliance, supporting the petition for certiorari in a case regarding whether the Clean Water Act (“CWA”) authorizes citizen suits to enforce state law permitting requirements that are stricter than those under the CWA.
  • The lawsuit was brought by an environmental organization against operators of a marine cargo terminal (collectively, the “Port”), alleging CWA violations related to industrial stormwater discharges and corresponding permits issued by Washington state. The Ninth Circuit found that the CWA provided for a private right of action under the circumstances.
  • In the amicus brief, the AGs argue that allowing citizen suits to enforce state regulations that mandate a greater scope of coverage than required by the CWA disrupts the cooperative federalism balance, undermines state primacy, and stifles state environmental protection efforts.
  • The AGs urge the Court to grant certiorari and reverse the Ninth Circuit’s decision.
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