Suncoast Waterkeeper v. City of St. Petersburg

摘要

Florida city is not entitled to judgment on Clean Water Act citizen suit claim brought by environmental groups, because, even though Florida agency brought enforcement action against city and act bars claims where state commenced enforcement action against alleged polluter, state is diligently prosecuting enforcement proceeding, and state statutory scheme is comparable to enforcement provisions of act: (1) act provides general public opportunity to participate in enforcement proceedings, and (2) Florida law only provides opportunity for parties with substantial interest to participate in proceedings and only after enforcement order is issued, and does not provide general public with opportunity to participate in enforcement proceedings comparable to public participation provisions of act.