,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #hib  ,,in ,,the ,,house ,,of   
,,representatives  ,january #cj1        
#bjai,mr4 ,hunter introduced the        
following bill2 which was referred to   
the ,committee on ,transportation and   
,infrastructure  ,a ,,bill  ,to amend   
the ,federal ,water ,pollution ,control 
,act to limit attorney fees and         
penalties in citizen suits1 and for     
other purposes4  #a4 ,litigation ,costs 
,section #eje7;d7 of the ,federal ,water
 ,pollution ,control ,act 7#cc ,u4,s4,c4
 #acfe7;d77 is amended to read as       
follows3  7d7 ,awards  7#a7 ,the court1 
in issuing any final order in any action
 brought under this section1 may award  
costs of litigation 7including          
reasonable attorney and expert witness  
fees7 to any prevailing or substantially
 prevailing party1 whenever the court   
determines such award is appropriate4   
,the award--  7,a7 may not exceed an    
amount that1 as compared to the total   
amount of attorney and expert witness   

fees charged1 bears the same proportion 
as the number of successful claims      
included in the complaint bears to the  
total number of claims included in the  
complaint2  7,b7 may not exceed the     
amount of monetary penalties awarded2   
and  7,c7 shall be based upon the       
prevailing market rates in the area in  
which the violation occurred for the    
kind and quality of the services        
furnished4  7#b7 ,the court may1 if a   
temporary restraining order or          
preliminary injunction is sought1       
require the filing of a bond or         
equivalent security in accordance with  
the ,federal ,rules of ,civil           
,procedure4  4  #b4 ,diligent           
prosecution ,section #cji7;g77#f7 of the
 ,federal ,water ,pollution ,control    
,act 7#cc ,u4,s4,c4 #acai7;g77#f77 is   
amended by adding at the end following  
new subparagraph3  7,c7 ,diligent       
prosecution  7i7 ,diligently prosecuting
 defined ,in this paragraph1 the term   
diligently prosecuting includes the     

issuance of any order made under this   
section or a ,state law comparable to   
this section4  7ii7 ,commencement of    
diligent prosecution ,diligent          
prosecution commences on the date the   
proposed order is issued4  7iii7        
,issuance of final order ,the           
,administrator or the ,secretary shall  
be considered to be diligently          
prosecuting an action under this        
subsection if the ,administrator or the 
,secretary issues a final order before  
the date that is one year after the date
 on which such proposed order is issued4
  4  #c4 ,affirmative defenses ,section 
#cji of the ,federal ,water ,pollution  
,control ,act 7#cc ,u4,s4,c4 #acai7 is  
amended by adding at the end the        
following new subsection3  7h7          
,affirmative defenses  7#a7 ,in general 
,there shall be no liability under this 
,act for a person otherwise liable for  
the unlawful discharge of a pollutant   
who can establish by a preponderance of 
the evidence that the immediate cause of

 the unlawful discharge and any damages 
was--  7,a7 an act of ,god2  7,b7 an act
 of war2  7,c7 an act or omission of a  
third party 7unless such third party is 
an employee or agent of such person1 or 
such third party's act or omission      
occurred in connection with a           
contractual relationship1 existing      
directly or indirectly1 with such       
person71 if such person establishes by a
 preponderance of the evidence that such
 person--  7i7 exercised due care in    
light of all relevant facts and         
circumstances2 and  7ii7 took           
precautions against foreseeable acts or 
omissions of any such third party and   
the consequences that could foreseeably 
result from such acts or omissions2 or  
7,d7 any combination of subparagraphs   
7,a71 7,b71 and 7,c74  7#b7 ,other      
affirmative defenses ,all general       
defenses1 affirmative defenses1 and bars
 to prosecution that may apply with     
respect to other ,federal criminal      
offenses may apply to a person otherwise

 liable for the unlawful discharge of a 
pollutant under this ,act and shall be  
determined by the courts of the ,united 
,states according to the principles of  
common law as may be interpreted in     
light of reason and experience4  4