News & Analysis as of

Motion to Dismiss Environmental Violations

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

Environmental Services Agreement: Federal Court Addresses Limitation of Liability Clause

The United States District Court for the Middle District of Georgia (“Court”) addressed in an April 27th Order issues arising out of an environmental services agreement. See Thiele Kaolin Company v. Environmental Resources...more

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

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

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,...

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

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

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

404 Wetland/Clean Water Act Enforcement: Federal Court Addresses Scope of Potential Liability Related to Subdivision Development

A United States District Court (S. D. Georgia) (“Court”) addressed in a June 30th Order certain issues arising out of a 404 Clean Water Act citizen suit enforcement action. See Baker v. Mortgage of America Lenders, LLC et al,...more

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

Citizen Suit Enforcement/Clean Water Act: Federal Court Addresses Statute of Limitations

A United States District Court (N.D. California) (“Court”) addressed in an April 22nd Order whether the statute of limitations (“SOL”) barred a Clean Water Act (“CWA”) citizen suit action. See Clarke v. Pacific Gas & Electric...more

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

Section 404/Clean Water Act Citizen Suit Action: Federal District Court Addresses Standing Issue

A United States District Court (“Court”) in a January 29th Order addressed a standing issue that arose in a Clean Water Act citizen suit action. See The Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition,...more

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

Citizen Suit Action/Clean Water Act: Federal District Court Addresses Developers' Argument for Dismissal

The United States District Court for the Eastern District of Pennsylvania (“Court”) addressed in a June 15th memorandum issues arising out of a Clean Water Act (“CWA”) citizen suit (“Citizen Suit”) action. See Michael D. Moss...more

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

Trafalgar Stump Dump: Arkansas Department of Energy and Environment - Division of Environmental Quality Motion to...

Two documents were prepared by the Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) in regards to Thomas Fredericks and Fredericks Construction Company, Inc., (“Fredericks”) Consent...more

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

Trafalgar/Stump Dump Site: Fredericks Construction Company, Inc. Motion to Dismiss Bella Vista Property Owners Association...

Fredericks Construction Company, Inc. (“Fredericks Construction”) and Thomas Fredericks (“Fredericks”) filed a Motion to Dismiss and Incorporated Brief in Support (“Motion”)before the Arkansas Pollution Control and Ecology...more

Spilman Thomas & Battle, PLLC

Product Lines - Toxic Torts and Product Liability Insights - Issue 1, 2019

Welcome to the first 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more

Dechert LLP

Court Ruling Signals Potential Expansion of Civil RICO Liability to Include Automotive Suppliers in Emissions Violations Cases

Dechert LLP on

A U.S. federal district court, on February 20, 2018, declined to dismiss class plaintiffs’ civil RICO claim against GM and a major automotive supplier, where plaintiffs alleged that GM and the supplier conspired to defraud...more

Carlton Fields

Federal Court Dismisses Claims Against Third-Party Administrator

Carlton Fields on

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

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