Clean Water Act, Injunctive Relief

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/20/2024

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

Republican AGs Pour Cold Water on New EPA Rule

Cozen O'Connor on 12/8/2023

A group of 11 Republican AGs and several energy industry groups filed a lawsuit against the EPA challenging the 2023 Water Quality Certification Rule, which revises the Clean Water Act’s (CWA) permitting process to allow...more

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/26/2023

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/11/2023

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...more

Air Enforcement: U.S. Department of Justice and Beverly, Ohio, Ferroalloy Production Facility Enter Into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/9/2023

The United States Department of Justice (“DOJ”) and Globe Metallurgical, Inc. (“GMI”) entered into a Consent Decree (“CD”) in the United States District Court (Southern District of Ohio) addressing alleged Clean Air Act...more

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Sets Briefing Schedules...

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/5/2022

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 in the United States District Court...more

Fourth Circuit Holds Regulatory Notice of Violation Insufficient to Bar Private Party Clean Water Act Citizen Enforcement

ArentFox Schiff on 7/29/2022

Enforcement under the major federal environmental statutes is often - but not always - filed by state or federal regulators. However, the statutes generally give private parties avenues to pursue litigation when regulators ―...more

First Circuit Reverses Bar on CWA Citizen Suits

Smith Gambrell Russell on 5/20/2022

The U.S. Court of Appeals for the First Circuit has overturned its bar on Clean Water Act (“CWA”) citizen suits seeking declaratory relief when a state is “diligently” prosecuting a violation. In the opinion, the Court...more

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/4/2022

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

Iowa Supreme Court 2 - Raccoon River 0

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/23/2022

The Iowa Supreme Court has done it again. By a narrowly divided vote, it has snuffed out on procedural grounds litigation challenging the agricultural nutrient pollution of the Raccoon River. Originally published on the...more

You should care that the First Circuit decided yesterday to reconsider (again) its respect for the role of Federal and State...

Mintz on 10/28/2021

This week the First Circuit Court of Appeals decided to rehear, en banc, the argument of a Massachusetts-based NGO that a 2014 Massachusetts Department of Environmental Protection Administrative Consent Order did not preempt...more

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations File Federal District Court Action Addressing Alleged...

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/1/2021

Raritan Baykeeper, Inc., Riverkeeper, Inc., and two individuals (collectively “Baykeeper”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court (E.D....more

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/5/2021

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Yazoo Backwater Area Pumps Project: U.S. Environmental Protection Agency Sued for Failing to Issue 404 Veto

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/15/2021

The environmental organization Earthjustice filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Environmental...more

MS4 Enforcement/Mt. Vernon, New York: U.S. District Judge Issues Order/Injunctive Relief Requiring Compliance

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/28/2020

United States District Judge Cathy Seibel issued a September 21st Order to the City of Mount Vernon, New York (“Mount Vernon”) requiring that it bring its Municipal Separate Storm Sewer System (“MS4”) into compliance with the...more

Waters of the United States Rule/Clean Water Act: U.S. District Court (California) Judge Rejects Request to Enjoin June 22nd...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/22/2020

United States District Court (Northern District of California) (“Court”) Judge Richard Seeborg issued a June 19th Order denying a number of states’ requests for a preliminary injunction of the June 22nd effective date of the...more

404 Enforcement/Remedy Proceeding: Federal District Court Addresses Federal Government Request for Wetland Rehabilitation

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/11/2020

A United States District Court (Western District of Pennsylvania) (“Court”) addressed in a February 27th Order a United States Department of Justice (“DOJ” or “United States”) request for an Order directing certain...more

Proposed Methanol Manufacturing/Shipping Terminal (Kalama, Washington): Sierra Club Files National Environmental Policy Act...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/27/2019

The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more

Urban Stormwater/Citizen Suit Enforcement: Petition for Declaratory/Injunctive Relief Challenging Alleged Failure of the U.S....

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/1/2019

The Environmental organization Amigos Bravos (“AB”) filed an action in the United States District Court (District of New Mexico) against the United States Environmental Protection Agency (“EPA”) for Declaratory and Injunctive...more

Human Health Criteria/Clean Water Act: Washington State Attorney General Challenges U.S. Environmental Protection Agency Revision...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/12/2019

The Washington State Attorney General (“AG”) filed a June 6th Complaint for Declaratory and Injunctive Relief (“Complaint”) in United States District Court (Western District of Washington) against the United States...more

President Trump Emergency Powers Declaration/Wall Funding: Sierra Club U.S. District Court (Northern District of California)...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/22/2019

The Sierra Club and a number of other organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) on February 15th challenging President Trump’s emergency declaration to secure funds to build a wall...more

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation Action Against New Hampshire Game and Fish Department for...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/21/2018

The Conservation Law Foundation (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”)in federal court against the New Hampshire Fish and Game Department (“Department”) alleging...more

MS4/Stormwater Citizen Suit Enforcement: Conservation Law Foundation Lawsuit Alleging Clean Water Act Violations Associated with...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/2/2018

The Conservation Law Foundation (“CLF”) filed a June 19th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against the...more

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Sheppard Mullin Richter & Hampton LLP on 2/28/2018

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

Administration's Infrastructure Plan Supports Reuse of Brownfields and Superfund Sites

Holland & Knight LLP on 2/21/2018

• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more

Clean Water Act › Injunctive Relief

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