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LOUISIANA ENVIRONMENTAL ACTION v. BATON ROUGE

No. 11-30549.

677 F.3d 737 (2012)

LOUISIANA ENVIRONMENTAL ACTION NETWORK, Plaintiff-Appellant, v. CITY OF BATON ROUGE; Parish of East Baton Rouge, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 17, 2012.

Attorney(s) appearing for the Case

Adam Babich (argued), Kirk Tracy , Corinne Jacqueline Van Dalen , Supervisory Atty., Tulane University, Tulane Environmental Law Clinic, New Orleans, LA, for Plaintiff-Appellant.

Robert H. Abbott, III (argued), Baton Rouge, LA, for Defendants-Appellees.

Charles Craig Caldart , National Environmental Law Center, Seattle, WA, for Environment America, Amicus Curiae.

Before KING, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Louisiana Environmental Action Network filed this citizen suit against Defendants-Appellees the City of Baton Rouge and the Parish of East Baton Rouge, alleging violations of the Clean Water Act. The Defendants filed a Rule 12(b)(6) motion to dismiss, asserting that the citizen suit was barred under the "diligent prosecution" provision of the Act. 33 U.S.C. § 1365(b)(1)(B). The district court granted the motion to dismiss, but...

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