Sixth Circuit: Larry Askins v. Ohio Department of Agriculture

Administrative/environment

There is no right of action under the CWA for private citizens to challenge administrative noncompliance of state regulators.

While the CWA does require that authority be withdrawn from a noncompliant regulator after a hearing, as there is no explicit requirement for a hearing, there is no right of action premised on the delay in holding a hearing.

http://www.ca6.uscourts.gov/opinions.pdf/16a0005p-06.pdf