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Third Circuit Confirms 27-Year-Old Clean Water Act Consent Decree Still Enforceable
January 30, 2023
Brandon P. Matsnev, Esq.
MGKF Litigation Blog
In a January 6 decision, U.S. v. Brace, No. 21-2966 (3rd Cir. Jan. 6, 2023), the U.S. Court of Appeals for the Third Circuit affirmed a district court’s ruling that a long-standing consent decree prohibiting discharge to wetlands is valid and unambiguous. This decision is a good reminder that Consent Decrees have a long shelf life and that private parties should negotiate carefully to ensure both its short-term and long-term interests are protected.
