News & Analysis as of

Citizen Suits Appellate Courts

Morris, Manning & Martin, LLP

11th Circuit Applies Sackett in Upholding Dismissal of Alleged Wetland Violations

On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more

Baker Botts L.L.P.

Fifth Circuit Issues Splintered En Banc Decision on Citizen Suit Standing

Baker Botts L.L.P. on

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit issued an en banc opinion in Env’t Tex. Citizen Lobby, Inc. v. ExxonMobil Corp., No. 17-20545. The petition for rehearing requested en banc review...more

Williams Mullen

4th Circuit Narrows Protections from CWA Citizen Suits

Williams Mullen on

By majority decision in Naturaland Trust v. Dakota Finance, LLC, the United States Court of Appeals for the Fourth Circuit struck a blow against one of the affirmative defenses a company may use to defend against citizen...more

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

Petroleum Storage Tank Terminal/Federal Citizen Suit Action: Federal Appellate Court Addresses Doctrine of Primary Jurisdiction

The Court of Appeals for the 1st Circuit (“Court of Appeals”) addressed an issue arising out of a Clean Water Act (“CWA”) and Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Conservation Law...more

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

Plastic Pellets/Clean Water Act Consent Decree: Federal Appellate Court Interprets Payment/Reporting Provisions

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in an April 30th Opinion addressed an issue regarding the terms of a Clean Water Act Consent Decree. See San Antonio Bay Estuarine Waterkeeper, et al....more

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