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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.