Circuit split · environmental law
Whether, and under what privity analysis, an EPA-negotiated consent decree has claim-preclusive effect on a prior-filed Clean Water Act citizen suit.
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
Fifth Circuit Court of Appeals · May 27, 2008
“Even were we to resolve that argument in the City’s favor, we would still face an apparent circuit split regarding the proper “privity” analysis in the context of determining the preclusive effect of an EPA-negotiated consent decree on a prior-filed CWA citizen suit.” — Acknowledges a circuit split
Empirical analysis of this case →
The provision at issue
33 U.S.C. § 1251 — Congressional declaration of goals and policy
“(a) Restoration and maintenance of chemical, physical and biological integrity of Nation's waters; national goals for achievement of objective The objective of this chapter is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. In order to achieve this objective it is hereby declared that, consistent with the provisions of this chapter— (1) it is the national goal that the discharge of pollutants into the navigable waters be eliminated by 1985; (2) it is the national goal that wherever attainable, …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 7th Cir.Friends of Milwaukee's Rivers v. Milwaukee Metro. Sewerage Dist.382 F.3d 743
“Sewerage Dist., 382 F.3d 743 (7th Cir.2004) (satisfaction of res judicata “privity” element requires showing of “diligent prosecution”) with City of Green Forest, 921 F.2d at 1394 (applying res judicata without any discussion of “diligent prosecution”); see Ellis v.” — Environmental Conservation Organization v. City of Dallas, acknowledging the split
- On the other side · 8th Cir.EPA v. City of Green Forest921 F.2d 1394
“Sewerage Dist., 382 F.3d 743 (7th Cir.2004) (satisfaction of res judicata “privity” element requires showing of “diligent prosecution”) with City of Green Forest, 921 F.2d at 1394 (applying res judicata without any discussion of “diligent prosecution”); see Ellis v.” — Environmental Conservation Organization v. City of Dallas, acknowledging the split
- Declined to follow · 6th Cir.Ellis v. Gallatin Steel Co.390 F.3d 461
“Gallatin Steel Co., 390 F.3d 461 , 473 (6th Cir.2004) (expressly rejecting “diligent prosecution” requirement when applying res judicata to a prior-filed Clean Air Act citizen suit).” — Environmental Conservation Organization v. City of Dallas, acknowledging the split
- Discussed · M.D. Fla.Sierra Club v. Coca-Cola Corp.673 F.Supp. 1555
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.