News & Analysis as of

Environmental Protection Agency (EPA) Storm Water Citizen Suits

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

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

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

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

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

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

Foley Hoag LLP - Environmental Law

Sometimes the Law Really Is Unambiguous — Clean Water Act Edition

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

Foley Hoag LLP - Environmental Law

The Trump WOTUS Rule Is Vacated; What’s Next?

Yesterday, Judge Rosemary Marquez vacated the Navigable Waters Protection Rule, the misnomer also known as the Trump WOTUS rule. In response to this citizens’ suit challenging NWPR, the Biden EPA and Army Corps of Engineers...more

Foley Hoag LLP - Environmental Law

NGOs Again Fail to Establish that EPA Has a Non-Discretionary Duty Under the CWA Stormwater Regulations

Last month, the 1st Circuit Court of Appeals rejected the Conservation Law Foundation’s argument that EPA had a non-discretionary duty to require persons owner property where stormwater runoff contributes to an exceedance of...more

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