Tennessee city partners with PLF to challenge unconstitutional delegation of power
June 16, 2026
Springfield, Tennessee; June 16, 2026: Pacific Legal Foundation has joined a federal lawsuit on behalf of a Tennessee city facing a nuisance lawsuit by an Alabama nonprofit. PLF is representing the City of Springfield, Tennessee, in a challenge to the Clean Water Act’s (CWA) “citizen suit” provision, arguing that it violates the U.S. Constitution by allowing private individuals and groups to leverage the government’s civil enforcement power.
“For decades, the Clean Water Act’s ‘citizen suit’ provision has given government power to unaccountable actors. That’s a blatant violation of the separation of powers, and it threatens all Americans’ rights by turning environmental law into a bludgeon for private groups to wield without checks or limits,” said Sean Radomski, an attorney with Pacific Legal Foundation. “We urge the courts to strike down this unconstitutional delegation of power.”
The City of Springfield faces a lawsuit by an Alabama-based group called Tennessee Riverkeeper, which has filed 30 similar lawsuits against small towns and businesses across Tennessee and Alabama. The group also sued the Town of Alexandria just weeks after suing Springfield and indicated intent to sue the Town of Decaturville this summer.
Tennessee Riverkeeper is using the CWA’s “citizen suit” provision to prosecute Springfield for alleged violations of a discharge permit. Both the U.S. Environmental Protection Agency and Tennessee’s Department of Environment and Conservation declined to sue Springfield under the CWA. Springfield is partnering with Pacific Legal Foundation to challenge the lawsuit and to argue that the provision empowering the group to sue in the first place is an unconstitutional delegation of executive power.
Recently, PLF represented the City of Luttrell, Tennessee, in a near-identical suit filed and rapidly abandoned by Tennessee Riverkeeper. Luttrell celebrated a swift legal victory when Tennessee Riverkeeper withdrew its suit just weeks after PLF announced its involvement in the case.
PLF represents Springfield at no cost. The case is Tennessee Riverkeeper v. Springfield, Tennessee.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.