News & Analysis as of September 21, 2024

Clean Water Act › Summary Judgment

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

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

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

Bracewell LLP on 10/18/2023

Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Citizen Suit Action/Clean Water Act: U.S. District Court (Hawaii) Addresses Whether Ditch/Drain Constitutes Point Source

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/20/2023

A United States District Court (District of Hawaii) (“Court”) in a June 14th Order addressed a definitional issue in a summary judgment motion in a Clean Water Act citizen suit action. See Na Kia i Kai et al. v. County of...more

Operation of Bonnet Carre´ Spillway/National Environmental Policy Act: Federal Appellate Court Addresses Whether Army Corps of...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/13/2023

A group of Mississippi municipalities and associations filed a lawsuit in the United States District Court (S.D. Miss.) against the United States Army Corps of Engineers (“Corps”) for allegedly violating the National...more

Citizen Suit Enforcement/Clean Water Act: Federal District Court Addresses Alleged Violation by Wetland Biofilter Stormwater...

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/9/2022

A United States District Court (W.D. Washington) (“Court”) addressed in an October 31st Order a Clean Water Act citizen suit action seeking an injunction to remedy alleged illegal discharge of pollutants into a lake and its...more

Court Orders EPA to Take Final Action on Rules Regarding Dispersant Chemicals Used In Mitigating Ocean Oil Spills

Harris Beach PLLC on 8/13/2021

The U.S. District Court for the Northern District of California has ruled that the Environmental Protection Agency (“EPA”) “delayed unreasonably” by waiting at least six years to finalize draft regulations updating its 1994...more

Gold-Mining Companies Fail To Persuade Court That Washington Attorney General’s Clean Water Act Jurisdiction Is Limited

Cozen O'Connor on 6/25/2021

Washington AG Bob Ferguson obtained a summary judgment from the United States District Court for the Eastern District of Washington against gold-mining companies Crown Resources Corporation and Kinross Gold U.S.A., Inc....more

NEPA Challenges to Permits Lead to Project Delays

Williams Mullen on 1/13/2021

The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA)....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

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/2/2020

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

Sewer System Repairs/Exaction: Arkansas Supreme Court Addresses City of Blytheville Fee

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/12/2020

The Arkansas Supreme Court in a February 6th opinion addressed whether a $5.00 fee assessed by the City of Blytheville, Arkansas (“Blytheville”) constituted an illegal exaction in violation of the Arkansas Constitution. See...more

Modification of a Wetland Mitigation Bank Boundaries: U.S. District Court Addresses Challenge to U.S. Corps of Engineers Approval

Mitchell, Williams, Selig, Gates & Woodyard,... on 8/28/2018

A United States District Judge for the Middle District of Florida addressed in an August 13th opinion whether the St. Johns River Water Management District (“SJRWMD”) and the Army Corps of Engineers (the “ACOE”) violated: ...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

Ninth Circuit Paves Way for Regulation of Stormwater Discharges Under RCRA

Perkins Coie on 11/9/2017

The Ninth Circuit recently ruled that the Resource Conservation and Recovery Act’s (RCRA) anti-duplication provisions under 42 USC § 6905 do not apply in the absence of a stormwater discharge permit issued under the Clean...more

Federal Court Decision Finding EPA has a Non-Discretionary Duty to Evaluate Employment Impacts under the Clean Air Act May Have...

Clark Hill PLC on 10/24/2016

An October 2016 federal court decision confirmed that, as a matter of law, the Environmental Protection Agency (EPA) has a non-discretionary duty to undertake an ongoing evaluation of job losses that may result from...more

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Clean Water Act › Summary Judgment

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