News & Analysis as of

Motion to Dismiss Citizen Suits

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

Waters of the United States/ Construction General NPDES Stormwater Permit: Federal District Court Addresses Request to Dismiss...

A United States District Court (D. Massachusetts) (“Court”) addressed in a February 25th Memorandum and Order (“Memorandum”) an issue arising pursuant to a Clean Water Act citizen-suit action. See Blackstone Headwaters...more

Foley Hoag LLP - Environmental Law

The SJC Provides New Guidance to Litigants in Anti-SLAPP Cases; I’m not Optimistic

Last week, in Bristol Asphalt v. Rochester Bituminous Products, the SJC jettisoned two prior decisions and revised its directions to lower courts regarding how to handle “special motions to dismiss” under Massachusetts’...more

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

Pretreatment Enforcement Discretion/Clean Water Act: Federal Court Addresses Massachusetts Water Utilities Motion to Dismiss

The United States District Court of Massachusetts (“Court”) addressed in a February 17th Memorandum and Order (“Memorandum”) an issue arising out of a Clean Water Act citizen suit action. See Conservation Law Foundation,...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,...

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

WilmerHale

Ninth Circuit Watch: Panel Holds That Climate Change Activists Lack Standing to Sue Federal Government

WilmerHale on

On January 17, a divided panel of the U.S. Court of Appeals for the Ninth Circuit held in Juliana v. United States that a coalition of young people lacked standing to require the federal government to develop a plan to “phase...more

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

Section 404 Clean Water Act/Citizen Suit Action: United States District Court Judge Price Marshall (E.D. Arkansas) Addresses...

United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more

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