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Beveridge & Diamond is a leading environmental, land use and litigation law firm based in Washington, DC, with offices in California, Maryland, Massachusetts, New Jersey, New York and Texas.

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Showing 1 post in Citizen Suits.

Federal Court Allows Citizen Suits to Proceed Based on State’s Failure to "Diligently Prosecute" Enforcement Action

In a decision that looks beyond the mere existence of relevant enforcement actions and turns on the diligence with which they are being prosecuted, the U.S. District Court for the Southern District of West Virginia allowed a citizen suit to proceed despite pending enforcement actions against the defendant companies. See Ohio Valley Envt’l Coal. v. Patriot Coal Co., No. 11-cv-00115 (S.D. W.Va. Dec. 7, 2011), available at www.bdlaw.com/assets/attachments/OhioValley.pdf Read More ›