This alert was originally published on June 3, 2025, and has been revised based on recent developments.
Update: On June 30, 2025, the U.S. Supreme Court denied certiorari Port of Tacoma v. Puget Soundkeeper Alliance, No....more
Key Takeaways -
Federal citizen suits are likely to become more frequent as the federal government decreases its enforcement efforts. Federal courts are split on whether Clean Water Act (CWA) citizen suits can enforce...more
On Monday, divided panels of the U.S. Court of Appeals for the Sixth Circuit issued a pair of decisions holding that Clean Water Act (“CWA”) Section 301’s prohibition on unpermitted discharges does not apply to pollutants...more
In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more