Justices' Denial of CWA Citizen Suit Petition Could Shape State Enforcement
Anna Wildeman, a partner in Troutman Pepper's Environmental + Natural Resources Practice Group, was quoted in the May 18, 2023 Inside EPA article, " Justices' Denial of CWA Citizen Suit Petition Could Shape State Enforcement."
Anna Wildeman, who was deputy head of the EPA water office in the Trump administration and now works as an attorney at the law firm Troutman Pepper, tells Inside EPA that the 4th Circuit’s approach could conflict with several state agencies’ enforcement models that follow a “stepped” process in which they engage with alleged violators to gather evidence, offer assistance with compliance, and only later pursue remedial action and fines.
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"The 4th Circuit decision could be interpreted as only precluding citizen suits if a state has actually filed a court action seeking to remedy alleged environmental violations. This could open up many owners and operators to citizen suits, even after they have conducted remedial actions or paid a penalty to resolve the matter," Wildeman says.
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But Wildeman argues that the 4th Circuit's test will make facilities less open to engagement with enforcement staff, if they believe there could still be a risk of a citizen suit even after they address a violation through informal steps.
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Wildeman says the court’s decisions not to hear either of those suits may "embolden states to exceed the one-year statutory timeline without fear of waiver."