Establishing the New Requirements Under Sackett: Eleventh Circuit Limits Citizen Suits Under the Clean Water Act by Reinforcing Traditional Requirements of Waiver and Pleading

Glynn Environmental Coalition Inc. v. Sea Island Acquisition, LLC

By Max A. Mora

In Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, the Eleventh Circuit addressed the question of whether a property owner waived its right to challenge federal jurisdiction over its property under the Clean Water Act by agreeing to a permit under 33 U.S.C. § 1344(a). The court first determined whether the waiver contained therein applied to challenges to jurisdiction for citizens’ suits, as opposed to enforcement of the permit by the Army Corps of Engineers. Additionally, the court addressed the application of the Sackett v. Environmental Protection Agency test within the pleadings. Lastly, in Judge Pryor’s concurrence, he rejects the legality of citizen suits where Congress has not explicitly granted the public a right under the Clean Water Act, opting instead to side with the Third and Fifth Circuits.

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