Clean Water Act, Environmental Protection Agency (EPA), Citizen Suits

Biosolids/PFAS: U.S. Environmental Protection Agency Moves to Dismiss Public Employees for Environmental Responsibility Judicial...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/23/2024

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

After Jarkesy, What Happens to EPA's Authority to Collect Administrative Civil Penalties?

Foley Hoag LLP - Environmental Law on 6/28/2024

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

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Citizen Suit Action Against U.S. Environmental...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/11/2024

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

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

Mintz on 1/12/2024

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

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Challenge to U.S. Army Corps of Engineers Approval of Mitigation...

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/4/2024

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

Guidance Is Still Not the Same as Regulation

Foley Hoag LLP - Environmental Law on 8/18/2023

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

Clean Water Act Citizen Suits – A Postscript – U.S. Supreme Court Denies Certiorari in Fourth Circuit Case.

Kilpatrick on 5/23/2023

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

Citizen Suits under the Clean Water Act – Fundamental Changes Underway?

Kilpatrick on 3/29/2023

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/7/2023

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

Our Environmental Statutes Are Broken

Foley Hoag LLP - Environmental Law on 11/30/2022

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

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/9/2022

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/12/2022

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

Stormwater/Citizen Suit Enforcement: Conservation Law Foundation Notice of Intent to File Suit Against EPA Under the Clean Water...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/22/2022

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

First Circuit Court of Appeals Limits the Diligent Prosecution Bar to Clean Water Act Citizen Suits

Kilpatrick on 5/24/2022

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

First Circuit Reverses Bar on CWA Citizen Suits

Smith Gambrell Russell on 5/20/2022

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

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

Foley Hoag LLP - Environmental Law on 5/4/2022

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

Back from the Brink/Restoring Brownfield Sites to Economic Engines: February 15th U.S. House of Representatives Committee on...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/16/2022

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

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

Mintz on 11/18/2021

This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/9/2021

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

Mintz on 7/6/2021

This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more

Following First Circuit Panel's decision, does EPA even matter anymore?

Mintz on 7/2/2021

The Conservation Law Foundation will continue its Clean Water Act and RCRA citizen suit against Exxon Mobil alleging violations of those federal laws at Exxon Mobil's Everett facility if a decision yesterday by a three judge...more

Is a NPDES Permit Needed for Groundwater Discharge? It Depends

Holland & Knight LLP on 4/28/2020

On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more

Cooperative Federalism Still Requires Two To Tango

Foley Hoag LLP - Environmental Law on 12/31/2019

Earlier this month, the 9th Circuit Court of Appeals held that a long-term failure by a state to submit to EPA a TMDL for an impaired water can constitute a “constructive submission” of no TMDL, triggering an obligation on...more

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/18/2019

Northwest Environmental Advocates (“NEA”) filed a September 26th Clean Water Act Citizen Suit Action in United States District Court alleging that the United States Environmental Protection Agency’s (“EPA”) 2016 approval of...more

Clean Water Act Enforcement: Illinois Attorney General Sues Trump International Hotel & Tower (Chicago, Illinois) for Alleged...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/17/2018

The Illinois Attorney General (“AG”) filed a Complaint for Injunctive Relief and Civil Penalties (“Complaint”) in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...more

Clean Water Act › Environmental Protection Agency (EPA) › Citizen Suits

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