United States Fourth Circuit

In a citizen suit filed under the Clean Water Act (CWA) against defendant-county commissioners, a ruling finding that plaintiffs were barred from maintaining the suit since the Maryland Department of the Environment (MDE) was "diligently prosecuting" a CWA enforcement action against defendant is affirmed where plaintiffs were unable to show that the MDE's actions were not in good faith and were not capable of requiring compliance with the Act.

Appellate Information

• Argued 01/29/2008
• Decided 04/23/2008
• Published 04/23/2008

Judges

• Before GREGORY and SHEDD, Circuit Judges, and Patrick M. DUFFY, United States District Judge for the District of South Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Guerdon Macy Nelson, Towson, Maryland, for Appellant.  Linda S. Woolf, Goodell, Devries, Leech & Dann, L.L.P., Baltimore, Maryland, for Appellee.  Paul N. DeSantis, Towson, Maryland, for Appellant.  K. Nichole Nesbitt, Joseph B. Wolf, Goodell, Devries, Leech & Dann, L.L.P., Baltimore, Maryland, for Appellee.