News & Analysis as of

Environmental Protection Agency (EPA) Clean Water Act Injunctive Relief

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Cozen O'Connor

Republican AGs Pour Cold Water on New EPA Rule

Cozen O'Connor on

A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

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

Arkansas Department of Energy & Environment - Division of Environmental Quality V. U.S. Environmental Protection Agency:...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

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

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Sets Briefing Schedules...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief in the United States District Court...more

Smith Gambrell Russell

First Circuit Reverses Bar on CWA Citizen Suits

Smith Gambrell Russell on

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

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

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

Mintz

You should care that the First Circuit decided yesterday to reconsider (again) its respect for the role of Federal and State...

Mintz on

This week the First Circuit Court of Appeals decided to rehear, en banc, the argument of a Massachusetts-based NGO that a 2014 Massachusetts Department of Environmental Protection Administrative Consent Order did not preempt...more

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

Yazoo Backwater Area Pumps Project: U.S. Environmental Protection Agency Sued for Failing to Issue 404 Veto

The environmental organization Earthjustice filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Environmental...more

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

MS4 Enforcement/Mt. Vernon, New York: U.S. District Judge Issues Order/Injunctive Relief Requiring Compliance

United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more

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

Waters of the United States Rule/Clean Water Act: U.S. District Court (California) Judge Rejects Request to Enjoin June 22nd...

United States District Court (Northern District of California) (“Court”) Judge Richard Seeborg issued a June 19th Order denying a number of states’ requests for a preliminary injunction of the June 22nd effective date of the...more

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

404 Enforcement/Remedy Proceeding: Federal District Court Addresses Federal Government Request for Wetland Rehabilitation

A United States District Court (Western District of Pennsylvania) (“Court”) addressed in a February 27th Order a United States Department of Justice (“DOJ” or “United States”) request for an Order directing certain...more

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

Human Health Criteria/Clean Water Act: Washington State Attorney General Challenges U.S. Environmental Protection Agency Revision...

The Washington State Attorney General (“AG”) filed a June 6th Complaint for Declaratory and Injunctive Relief (“Complaint”) in United States District Court (Western District of Washington) against the United States...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Holland & Knight LLP

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Foley Hoag LLP - Environmental Law

Trump’s Infrastructure Plan — Environmental Reviews, They Are a-Changin’

President Trump’s infrastructure plan includes a number of important proposals. My initial reaction is consistent with my view of many of the President’s initiatives – he gives regulatory reform a bad name. We do need to...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of...

On April 25, 2017, the National Wildlife Federation, Alliance for the Great Lakes, Lake Erie Charter Boat Association, Lake Erie Foundation, Michigan United Conservation Clubs, and Ohio Environmental Council (NGOs) filed a...more

Maynard Nexsen

EARL e-news: Update 2 on WOTUS: Updates on Environmental, Administrative and Regulatory Law

Maynard Nexsen on

The federal district judge in North Dakota who granted an injunction to thirteen states for changes to the scope of the jurisdiction of the Clean Water Act has refused to expand his injunction nationwide. EPA has stated that...more

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