News & Analysis as of

Citizen Suits RCRA

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

Citizen Suit Enforcement/Clean Water Act: Black Warrior Riverkeeper, Inc. Notice of Intent to Sue Birmingham, Alabama, Foundry...

The Southern Environmental Law Center on behalf of Black Warrior Riverkeeper, Inc., and the Greater-Birmingham Alliance to Stop Pollution (collectively, “Riverkeeper”) sent a July 14th Notice of Intent (“NOI”) to file a...more

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

Coal Combustion Residue/Citizen Suit Enforcement: Mobile Baykeeper, Inc.: U.S. District Court Complaint Filed Addressing Alabama...

The Southern Environmental Law Center (“SELC”) on behalf of Mobile Baykeeper, Inc., filed a Complaint in the United States District Court (Southern District of Alabama) against Alabama Power Company (“APC”) addressing a coal...more

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

Coal Pile Drainage/Citizen Suit Enforcement: Court Approves Consent Decree Between Environmental Organizations and Alabama Mine...

The Southern Environmental Law Center and two other environmental organizations issued an August 11th news release stating that a United States District Court Judge in Birmingham, Alabama, granted a request to approve a...more

Perkins Coie

California River Watch v. Vacaville: “A Better Considered Position” Under RCRA

Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit, on July 1, 2022, took the extraordinary step of reversing its prior decision in California River Watch v. City of Vacaville. The Ninth Circuit ruled that “transportation” under...more

Foley Hoag LLP - Environmental Law

The Law Is An Ass, RCRA Edition

Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more

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

Citizen Suit Enforcement/RCRA Remediation: Federal Appellate Court Addresses Imminent/Endangerment Question

The United States Court of Appeals for the Seventh Circuit (“7th Circuit”) addressed in an August 16th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Schmucker v....more

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

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

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

Asphalt Roof Shingles/Remediation: Federal Court Addresses Whether RCRA Citizen Suit Limited by State Court Settlement

The United States District Court for the Northern District of Texas (“Court”), in a March 26th Opinion addressed issues involving a Resource Conservation and Recovery Act (“RCRA”) citizen suit action, 42 U.S.C. §...more

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

RCRA Citizen Suit: Federal District Court Addresses Scope of Term "Removal"

The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more

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

RCRA/Clean Water Act Citizen Suit Action: Federal Court Addresses Procedural Motion Filed by South Carolina Plastic-Pellet...

A United States District Court (D. South Carolina) (“Court”) addressed in a September 21st Order a procedural motion (judgment on the pleadings) filed by a plastic-pellet packager related to alleged federal environmental...more

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

Resource Conservation and Recovery Act/Clean Water Act Citizen Suit Action: Southern Environmental Law Center Alleges Violations...

The Southern Environmental Law Center (“SELC”) filed a March 19th Complaint for Declaratory Injunctive Relief (“Complaint”) against Frontier Logistics, L.P., (“Frontier”) alleging violations of the Resource Conservation and...more

Williams Mullen

The Emergence of PFAS Related Lawsuits Against Wastewater Treatment Plants

Williams Mullen on

On behalf of Haw River Assembly, the Southern Environmental Law Center recently served a Notice of Intent to Sue (“Notice”) on the City of Burlington, North Carolina.  Copies of the Notice were delivered to EPA and the North...more

(ACOEL) | American College of Environmental...

Twenty Years of Waterkeeper Alliance: How the Waterkeeper Movement Shaped and Was Shaped by U.S. Environmental Law

In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more

WilmerHale

Environmental Litigation Alert: Citizen Suits Challenge Rollbacks, Replacements and Project Approvals

WilmerHale on

This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more

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

Landfill/RCRA Citizen Suit: U.S. District Court Addresses Affirmative Defense Related to Cessation of Operation

A United States District Court (E.D. Louisiana) (“Court”) addressed in a March 11th Order an affirmative defense raised in opposition to a Resource Conservation and Recovery Act (“RCRA”) citizen suit enforcement action. See...more

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

Citizen Suit Action/RCRA: Federal Court Addresses Request to Enjoin Dredging Contaminated Sediment

Edison Wetlands Association, Inc. and Raritan Baykeeper, Inc. (collectively “Plaintiffs”) filed a Resource Conservation and Recovery Act (“RCRA”) citizen suit action in United States District Court (New Jersey) which includes...more

Beveridge & Diamond PC

Top 10 Questions to Consider If Sued Under RCRA’s Citizen Suit Provisions

Beveridge & Diamond PC on

No longer only a tool of public interest groups, an ever expanding group of plaintiffs – including commercial plaintiffs – are using the citizen suit provision of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C....more

Pillsbury - Gravel2Gavel Construction & Real...

More Than Chickens, Lizards and Polar Bears – Environmental Case Law Update (Dec. 2015 – Mar. 2016)

This blog, although not brief, is a brief report on some of the significant environmental law and administrative cases decided in late December and the first quarter of 2016. U.S. SUPREME COURT - FERC Final Rule re...more

Seyfarth Shaw LLP

Is Increased Seismic Activity from the Disposal of Fracking Fluid Actionable Under RCRA?

Seyfarth Shaw LLP on

Seyfarth Partner Andrew H. Perellis is quoted in this Forbes Legal News article today, Sierra Club’s Legal Theory In Frackquake Case Draws ‘Star Trek’ Comparison (March 31, 2016). The article concerns a complaint filed...more

Foley Hoag LLP - Environmental Law

RCRA Still Poses Some Interpretive Problems (To Put It Gently)

In a potentially significant opinion last week, in Little Hocking Water Association v. DuPont, Judge Algenon Marbley gave hope to citizen plaintiffs everywhere, with a remarkably expansive reading of the imminent and...more

Foley Hoag LLP - Environmental Law

RCRA Is a Mess

In a potentially significant opinion last week, in Little Hocking Water Association v. DuPont, Judge Algenon Marbley gave hope to citizen plaintiffs everywhere, with a remarkably expansive reading of the imminent and...more

Bergeson & Campbell, P.C.

Ninth Circuit Court Of Appeals Rules That Emission Of Locomotive Diesel Particulate Matter Is Not Disposal Under RCRA

In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more

Foley Hoag LLP - Environmental Law

Which Is Worse? EPA Oversight or Citizen Oversight?

Everyone who represents PRPs in Superfund settlements has his or her own horror stories regarding the scope of EPA’s oversight cost claims. We all know that oversight costs can end up as an appreciable percentage of total...more

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