News & Analysis as of

Discharge of Pollutants Citizen Suits Clean Water Act

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

Citizen Suit Enforcement/Clean Water Act: Federal Appellate Court Addresses Whether Pond Leakage Constitutes a Direct Discharge

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a recent opinion whether a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) permit should have been obtained by...more

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

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

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

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Notice of Intent to Sue Related to Expansion of Mine Site

Several environmental organizations sent the following document to Rosemont Copper Company (“Rosemont”) on April 14th: 60-Day Notice of Intent to Bring Citizen Suit for Rosemont Copper Company’s Violations of the Clean...more

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

Citizen Suit Action/Clean Water Act: Federal District Court Addresses Developers' Argument for Dismissal

The United States District Court for the Eastern District of Pennsylvania (“Court”) addressed in a June 15th memorandum issues arising out of a Clean Water Act (“CWA”) citizen suit (“Citizen Suit”) action. See Michael D. Moss...more

Holland & Knight LLP

Is a NPDES Permit Needed for Groundwater Discharge? It Depends

Holland & Knight LLP on

On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more

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

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

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

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

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

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

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

Clean Water Act Enforcement: Illinois Attorney General Sues Trump International Hotel & Tower (Chicago, Illinois) for Alleged...

The Illinois Attorney General (“AG”) filed a Complaint for Injunctive Relief and Civil Penalties (“Complaint”) in the Circuit Court of Cook County, Illinois, against 401 North Wabash Venture, LLC, d/b/a Trump International...more

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

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

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

Farella Braun + Martel LLP

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

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

Citizen Suit Enforcement/Clean Water Act: Sierra Club Notice of Intent to Sue Trump International Hotel & Tower (Chicago) for...

The Illinois Chapter of the Sierra Club and Friends of the Chicago River (collectively “Sierra Club”) sent a June 14th Clean Water Act Notice of Intent to Sue Trump International Hotel & Tower (“Trump International”) for...more

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