Whether a plaintiff can establish Article III standing in a private citizen suit under the Clean Water Act without proving actual or threatened harm

QUESTIONS PRESENTED 1. Whether, in a private citizen suit brought under 33 U.S.C. § 1365(a) of the Clean Water Act (the “CWA”), a plaintiff can establish Article III standing without proving that there is any actual or threatened harm to any jurisdictional water of the United States. 2. Whether Article III standing in a private citizen suit under 33 U.S.C. § 1365(a) may be premised solely on the reporting and monitoring provisions in the CWA stemming from “informational injury.” 3. Whether Federal Rule of Civil Procedure 36(a) removes a trial court’s discretion, after the evidence phase of trial, to allow or disallow the presentation of new evidence to the jury.