News & Analysis as of

Enforcement Actions Wetlands

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

Waters of the United States/Clean Water Act: Federal Court Addresses Request to Vacate Consent Decree Based on Sackett

A United States District Court (W.D. Washington) (“Court”) addressed in a December 8th Order a request by Defendants Bobby Wolford Trucking & Salvage, Inc. (“Wolford Trucking”) and Karl Frederick Klock Pacific Bison, LLC...more

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

404 Wetland/Clean Water Act Enforcement: Federal Court Addresses Scope of Potential Liability Related to Subdivision Development

A United States District Court (S. D. Georgia) (“Court”) addressed in a June 30th Order certain issues arising out of a 404 Clean Water Act citizen suit enforcement action. See Baker v. Mortgage of America Lenders, LLC et al,...more

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

Wetlands/Clean Water Act Enforcement: Federal Court Considers Whether Cessation of Discharges Renders Action Moot

The United States District Court for the Southern District of Illinois (“Court”) addressed issues arising in a Clean Water Act (“CWA”) enforcement action in which the United States is alleging discharges of pollutants into...more

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

Wetlands/404 Enforcement: Federal District Court Addresses Motion to Suppress Evidence

A United States District Court (D.C. Conn.)(“Court”) addressed in a June 11th ruling a number of issues arising in a Clean Water Act 404 enforcement action. See United States of America v. Jeffrey Andrews, et al., 2021 WL...more

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

Construction Stormwater Enforcement: Commonwealth of Massachusetts and Solar Array Developer Enter into Consent Decree

The Commonwealth of Massachusetts, acting through the Office of the Attorney General of Massachusetts, and Dynamic Energy Solutions, LLC, (“Dynamic”) entered into a February 1st Consent Decree (“CD”) addressing alleged...more

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

Construction/Clean Water Act Citizen Suit Enforcement Action: Federal Appellate Court Addresses Standing Issue

The United States Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a citizen suit enforcement action on May 7, 2018 to enjoin the construction of a funeral home and mortuary in Howard County,...more

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

311/Clean Water Act Enforcement: U.S. Environmental Protection Agency and Leominster, Massachusetts Oil Company Enter into...

The United States Environmental Protection Agency (“EPA”) and Fraticelli Oil Company (“FOC”) entered into an April 23rd Expedited Settlement Agreement (“ESA”) for alleged violation of Section 311(b)(3) of the Clean Water Act....more

Williams Mullen

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

Allen Matkins

California Environmental Law & Policy Update - June 2016

Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Pullman & Comley, LLC

CT Law of the Land

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AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

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