· 2/2/2007
Karr v. Hefner
Citations
- 475 F.3d 1192
- 64 ERC 1481
- 37 Envtl. L. Rep. (Envtl. Law Inst.) 20036
- 64 ERC (BNA) 1481
- 2007 U.S. App. LEXIS 2312
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that compliance with the CWA’s notice requirement is jurisdictional
- finding the plaintiff’s pre-suit notice letter insufficient where it alleged that pollution from “construction activities” was being discharged from the defendant’s well rather than from any point sources actually associated with its construction activities
- statute “does not require government prosecution to be far-reaching or zealous. It requires only diligence.”
- “In sum, our evaluation of the EPA’s diligence is quite deferential. Citizen-plaintiffs must meet a high standard to demonstrate that it has failed to prosecute a violation diligently.”
- \[A]n agency's prosecutorial strategy [need not] coincide with that of the citizen-plaintiff.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Briscoe, Hartz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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