DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212127P.pdf 09/14/2022 United States v. City of Fort Smith, Arkansas
U.S. Court of Appeals Case No: 21-2127
U.S. District Court for the Western District of Arkansas - Ft. Smith
[PUBLISHED] [Smith, Author, with Benton and Kelly, Circuit Judges]
Civil case - Clean Water Act. The city asked the court to resolve a
dispute concerning implementation of a 2015 Consent Decree between the
city, the State of Arkansas, and the U.S. in this Clean Water Act suit;
under the Consent Decree, the city is obligated to remediate portions of
its sewer system; the dispute here concerns the time frame for remediating
certain serious structural defects - must they be repaired within four
years of discovery or are they subject to an open-ended monitoring and
maintenance scheme; the District Court did not err in determining the city
was obligated to remedy these classes of defects within four years of
their discovery.