Note By: Isa Harrison

In this Note, Isa Harrison points out that the Clean Water Act does not define “commence” in § 1319(g), thus leaving open the question of when an administrative action “commences.” Harrison contends that the Fourth Circuit interpreted “commenced” in the wrong manner because the rigid interpretation contradicts the structure, ordinary meaning of “commenced,” and legislative history of the section. Harrison argues that a more deferential understanding of “commenced” is proper and avoids weakening the diligent prosecution bar.

Making Sense of “Commence” in the Clean Water Act’s Diligent Prosecution Bar

Note By: Isa Harrison

In this Note, Isa Harrison points out that the Clean Water Act does not define “commence” in § 1319(g), thus leaving open the question of when an administrative action “commences.” Harrison contends that the Fourth Circuit interpreted “commenced” in the wrong manner because the rigid interpretation contradicts the structure, ordinary meaning of “commenced,” and legislative history of the section. Harrison argues that a more deferential understanding of “commenced” is proper and avoids weakening the diligent prosecution bar.

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