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Affirmative Defenses Citizen Suits

Williams Mullen

4th Circuit Narrows Protections from CWA Citizen Suits

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By majority decision in Naturaland Trust v. Dakota Finance, LLC, the United States Court of Appeals for the Fourth Circuit struck a blow against one of the affirmative defenses a company may use to defend against citizen...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Landfill/RCRA Citizen Suit: U.S. District Court Addresses Affirmative Defense Related to Cessation of Operation

A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more

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