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
Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...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
Earlier this month, the District of Columbia Court of Appeals vacated most of EPA’s startup, shutdown, and malfunction SIP Call. The Court’s rationale boils down to EPA’s failure to make a predicate finding that the SIP call...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
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
On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...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 scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...more
Last week, D.C. Circuit Court of Appeals rejected challenges to EPA’s “Revised Cross-State Air Pollution Update Rule”. The Court found that the Rule was “an appropriate exercise of EPA’s statutory authority”....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
The Sierra Club and the Environmental Defense Fund (collectively, “Sierra Club”) filed a December 8th Clean Air Act citizen suit action against the United States Environmental Protection Agency (“EPA”) alleging a failure to...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more
The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more
Last month, EPA issued interim health advisories for PFOA and PFOS that took many people’s breath away. It is rather amazing how quickly we’ve moved from parts per billion past parts per trillion to the low parts per...more
The Conservation Law Foundation and Charles River Watershed Association (collectively, “CLF”) sent a July 13th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Violations and Intent...more
The Clean Water Act, 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 under the Clean...more
The U.S. Court of Appeals for the First Circuit has overturned its bar on Clean Water Act (“CWA”) citizen suits seeking declaratory relief when a state is “diligently” prosecuting a violation. In the opinion, the Court...more
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more
In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility. Ameren Missouri submitted to the Court a proposal to...more
The Center for Biological Diversity, Coosa Riverkeeper, Advance Etowah, and Our Children’s Earth Foundation (collectively “CBD”) filed a February 1st Clean Water Act citizen suit (“Complaint”) against the Water Works and...more