Frilling v. Village of Anna

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that an agency enforcement of two NPDES permit parameters “does not prevent Plaintiffs from seeking to enforce [four different parameters] through a citizen suit”
• allowing citizen suit under Clean Water Act (CWA) to proceed where Consent Order entered in state civil enforcement action sought to require compliance with federal parameters for only two of the six pollutants which citizen plaintiffs alleged had exceeded allowable levels
• CWA citizen suit plaintiffs “must provide notice of the specific limitations, standards or orders alleged to be violated.”
• although consent order with state was an “agree[ment] not to enforce ... permit limitation ... [t]he government’s failure to enforce specific ... limitations in the ... permit does not prevent [pjlaintiffs from seeking to enforce them through a citizen suit”
• “[C]itizen suits are barred only if they are based on the very same standards, limitations, or orders for which the State has brought a civil enforcement action, and only if the State seeks to require compliance with the same.”
• comparing the Sixth Circuit with the Third Circuit

Source: CourtListener parenthetical corpus (CC0).