Section 15 Citizen Suits

• Library: Damages 2012

Under 33 U.S.C. § 1365, private citizens may bring suit to force compliance with the CWA. SeeSwartz v. Beach, 229 F. Supp. 2d 1239 (D. Wyo. 2002) (citizen suit provision is evidence of Congress’s intent to allow individuals to seek traditional remedial powers of the federal court). As with the RCRA, certain prerequisites must be met before filing suit. See:

· Riverkeeper, Inc. v. Mirant Lovett, LLC,675 F. Supp. 2d 337 (S.D.N.Y. 2009) (citizen suits are permitted when the EPA or state agency did not bring enforcement action)

· Culbertson v. Coats Am., Inc., 913 F. Supp. 1572 (N.D. Ga. 1995) (a citizen suit is only permissible when the government has failed to...