Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more
The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more
Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more
Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more
Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more
Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more
The Public Employees for Environmental Responsibility (“PEER”) filed a Clean Water Act citizen suit action in the United States District Court for the District of Columbia against the United States Environmental Protection...more
The Environmental Integrity Project (“EIP”) sent a May 2nd Clean Water Act Notice of Intent (“NOI”) to sue to the Environmental Protection Agency (“EPA”) for alleged violation of a nondiscretionary duty under that statute....more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more
The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more
Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more
A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more
Last month, I advised plastics manufacturers to prepare for more litigation. Although I am generally loath to speculate, it already looks as though this prediction is coming true. Earlier this month, PennEnvironment and...more
The Environmental Integrity Project (“EIP”) on behalf of the Sierra Club sent a November 14th Notice of Intent to Sue (“NOI”) to Warrick Newco Operations (“Warrick”) alleging violations of the Clean Water Act. The NOI...more
The State of Alabama and two environmental organizations filed a Complaint in the Circuit Court of Tuscaloosa County, Alabama, against the City of Tuscaloosa alleging violations of the Clean Water Act. See Civil Action No....more
Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more
The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more
The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more
A previous blog post referenced the Friends of Little Sugar Creek (“FOLSC”) transmittal of a Notice of Intent to Sue (“Notice”) to the City of Bentonville, Arkansas (“Bentonville”), alleging violations of the Clean Water Act....more
A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more
In March 2023, Kilpatrick Townsend reported on a number of Clean Water Act (CWA) citizen suit actions including Dakota Finance LLC d/b/a Arabella Farm v. Naturaland Trust (Arabella Farms). Arabella Farms addressed the issue...more
The Clean Water Act (CWA), like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation and seek...more
The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...more
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