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Citizen Suits

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

Citizen Suit Enforcement/Clean Air Act: NAACP Seeks Preliminary Injunction for Southaven Mississippi (Colossus 2) Data Center

The National Association for the Advancement of Colored People (“NAACP”) filed a May 6th Motion for a Preliminary Injunction (“Motion”) in the United States District for the Northern District of Mississippi against xAI Corp....more

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

RCRA/Sovereign Immunity: Federal Appellate Court Addresses Injunctive Relief Claim Against California Agency Officials

The United States Court of Appeals, 9th Circuit (“Appellate Court”) addressed in an April 27th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) related lawsuit against two California agency...more

Bradley Arant Boult Cummings LLP

Timing Is Everything: An Overview of Environmental Claims and Their Limitations Periods: Part III – Citizen Suits

This is the final article in our three-part series on the different types of environmental claims and the relevant and applicable limitations periods. Building upon the first two articles, which discuss environmental claims...more

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

303(d) List/Clean Water Act: Wild Virginia, Inc. Citizen Suit Alleging U.S. EPA Failure to Address PFAS Contaminated Waterbodies

Wild Virginia, Inc. (“WV”) filed a Motion for Partial Summary Judgment against the United States Environmental Protection Agency (“EPA”) pursuant to a Clean Water Act citizen suit action alleging the agency’s violation of its...more

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

Citizen Suit Action/Clean Water Act: California Sport Fishing Protection Alliance Files Judicial Action Addressing Aromas Quarry

The California Sportfishing Protection Alliance and Environment California, Inc. (collectively, “Alliance”) filed an April 15th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Granite...more

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

Federal Environmental Statutory Citizen Suits: Ecological Rights Foundation Comments on U.S. EPA Proposed Rule Addressing Notice...

The Ecological Rights Foundation (“ERF”) submitted February 26th comments on the United States Environmental Protection Agency (“EPA”) proposed rule addressing notification requirements for federal environmental statutory...more

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

Citizen Suit Enforcement/Clean Air Act: NAACP Challenges Southaven, Mississippi (Colossus 2) Data Center

The National Association for the Advancement of Colored People (“NAACP”) filed an April 14th Complaint in the United States District Court for the Northern District of Mississippi against xAI Corp. and MZX Tech LLC...more

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

Federal Environmental Statutory Citizen Suits: National Association of Clean Air Agencies Comments on U.S. EPA Proposed Rule...

The National Association of Clean Air Agencies (“NACAA”) submitted March 26th comments on a United States Environmental Protection Agency (“EPA”) proposed rule addressing notification requirements for federal environmental...more

Morgan Lewis

EPA Proposes New Citizen Suit Notice Requirements

Morgan Lewis on

The US Environmental Protection Agency recently proposed to amend its pre-suit notice requirement for citizen suits under major federal environmental statutes. The proposed rule would require notices of intent (NOIs) to sue...more

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

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Opening Brief Challenging U.S. Environmental...

Public Employees for Environmental Responsibility (“PEER”) filed its Opening Brief in the United States Court of Appeals for the D.C. Circuit in the action styled: James Farmer, et al., v. Environmental Protection Agency, et...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2026

The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st...more

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

Citizen Suit Enforcement/Clean Water Act: Alabama Department of Environmental Management/Environmental Organizations and Gadsden...

The Alabama Department of Environmental Management along with 4 environmental organizations entered into a January 22nd Settlement Agreement (“SA”) with the Water Works and Sewer Board of the City of Gadsden, Alabama...more

Burr & Forman

U.S. EPA Proposes Revisions to Citizen Suit Notice Regulations

Burr & Forman on

On February 24, 2026, the U.S. Environmental Protection Agency ("EPA") proposed new rules that would revise the procedural requirements for service of Notices of Intent to file citizen suits ("NOIs") on EPA under several...more

Beveridge & Diamond PC

EPA Proposes “Prior Notice” Rule to Require Electronic Submission of Citizen Suit NOIs—A Small Procedural Change with Potentially...

Beveridge & Diamond PC on

What Happened? The U.S. Environmental Protection Agency (EPA) has proposed new rules that would amend the “prior notice” regulations governing Notices of Intent (NOIs) for citizen suits under seven federal environmental...more

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

Confined Animal Feeding Operation/Clean Water Act Citizen Suit: Federal Court Addresses Notice Issue

The United States District Court for the Northern District of California (“District Court”) addressed in a January 27th Order an issue arising out of a Clean Water Act (“CWA”) citizen suit. See Californians for Alternatives...more

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

Citizen Suit Enforcement/Clean Water Act: Charleston Waterkeeper and Charleston, South Carolina Water System Enter into Agreement

Charleston Waterkeeper and Charleston, South Carolina Water System (“CWS”) are stated, as noted by a February 2nd news release, to have entered into an agreement to address sanitary sewer overflows (“SSOs”)....more

K&L Gates LLP

Navigating EPA's New Enforcement Playbook: How "Compliance First" Policy Reshapes Risk for Regulated Entities

K&L Gates LLP on

With the advent of the new year, regulated entities will be watching to see how US Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) will implement its December 2025 Memorandum on...more

Vinson & Elkins LLP

[Hybrid Event] The Other Environmental Enforcer: What You Need to Know About Citizen Suits - January 29th, Houston, TX

Vinson & Elkins LLP on

Many environmental suits have provisions that allow citizens and environmental groups to sue for violations. Even if the Trump administration is less aggressive in environmental enforcement, companies face a continued risk...more

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

Beef Production Facility/Citizen Suit Action: Center for Biological Diversity Judicial Action Seeking to Compel Title V Decision...

The Center for Biological Diversity (“CBD”) filed a Complaint in the District Court, Morgan County, Colorado against the Colorado Department of Public Health and Environment (“Colorado”) in regard to a beef processing...more

Nutter McClennen & Fish LLP

Environment & Energy Insights (December 2025)

Welcome to the December edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law. This month we cover: The MWRA Contemplates Requesting Reclassification of Charles...more

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

Citizen Suit Action/Clean Water Act: Conservation Law Foundation and Littleton, Massachusetts Pepsi-Product Manufacturing/Bottling...

The Conservation Law Foundation (“CLF”) filed a Clean Water Act citizen suit action against Patriot Beverages, LLC (“Patriot”) alleging certain Clean Water Act related violations. See Case No. 1:24-cv-11514....more

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

Citizen Suit Action/Clean Water Act: Friends of Hurricane Creek and City of Tuscaloosa, Alabama Enter into Consent Decree

Black Warrior Riverkeeper and Friends of Hurricane Creek (collectively, “Friends”) entered into a November 19th Order on Consent Decree (“CD”) with the City of Tuscaloosa, Alabama addressing alleged violations of a Clean...more

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

Biosolids/Clean Water Act: Public Employees for Environmental Responsibility Appeal Dismissal of Citizen Suit Action Alleging EPA...

The United States District for the District of Columbia (“Court”) addressed in a September 29th Memorandum Opinion and Order (“Memorandum”) an action against the United States Environmental Protection Agency (“EPA”), and...more

Beveridge & Diamond PC

Senator Mike Lee Introduces Bill to Remove Citizen Suits from the Clean Air Act

Beveridge & Diamond PC on

What Happened - Senator Mike Lee (R-UT), Chairman of the Senate Committee on Energy and Natural Resources, recently introduced legislation that would eliminate citizen suits under the federal Clean Air Act (CAA). The Fair...more

Shook, Hardy & Bacon L.L.P.

D.C. District Court Dismisses Lawsuit Regarding PFAS in Biosolids

A federal district court has dismissed a lawsuit brought by farmers, environmental groups and local governments against the Environmental Protection Agency (EPA), according to the opinion issued by Judge Dabney L. Friedrich...more

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