A prominent libertarian law firm wants to end the ability of U.S. residents and outside groups to sue polluters under the Clean Water Act, arguing the law’s “citizen suit” provision unlawfully grants government powers to private actors.
If the Pacific Legal Foundation prevails in its effort, it would vastly reduce the power and scope of the one of the nation’s bedrock environmental laws.
The property rights-focused law firm has raised the issue in a case centered on raw sewage pollution in the northern Tennessee city of Springfield. In March, environmental group Tennessee Riverkeeper accused Springfield of releasing hundreds of thousands of gallons of untreated waste into creeks and streams.
Those sewer overflows from the city’s treatment plant have occurred dozens of times since 2021 and are not allowed under the plant’s Clean Water Act permit, Tennessee Riverkeeper has said. The group notified EPA and state regulators of the alleged violations, but neither entity took action, prompting the organization to file a lawsuit.
