News & Analysis as of

Motion to Dismiss › NPDES

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

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

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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

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

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

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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

Mintz

EPA made a mess exercising its Clean Water Act residual designation authority in MA. This week the Judge washed his hands of most...

Mintz on

This week Massachusetts Federal District Court Judge Richard Stearns dismissed two counts of the Conservation Law Foundation's and Charles River Watershed Association's lawsuit against EPA and stayed until September of next...more

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

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

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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

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

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

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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,...

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Grants Joint Motion to...

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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

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

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

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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,...

Arkansas Department of Energy & Environment v. U.S. Environmental Protection Agency: U.S. District Court Addresses Motion to...

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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

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

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality and U.S....

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

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

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

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

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

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

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

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

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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

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

Was a New Hampshire Development Authority Required to Obtain a Clean Water Act MS4 Permit?: September 26th Federal Court Opinion

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A United States District Court (District of New Hampshire) addressed in a September 26th opinion whether a New Hampshire based development authority should have obtained a Clean Water Act Small Separate Storm Sewer System...more

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