Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
Waterkeeper Alliance, Lake Eerie Waterkeeper, and Food & Water Watch (collectively, “Waterkeeper”) filed a Complaint in the United States District Court for the Northern District of Ohio (“Court”) against the United States...more
Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more
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
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
The Public Employees for Environmental Responsibility (“PEER”) filed in June a Judicial Action in the United States District Court for the District of Columbia (“Court”) arguing that the United States Environmental Protection...more
Yesterday, in SEC v. Jarkesy, the Supreme Court ruled that the defendants in a securities fraud case brought by the SEC were entitled to have the SEC’s claims for civil penalties decided by a jury. The question now is how...more
The Public Employees for Environmental Responsibility (“PEER”) filed a Clean Water Act citizen suit action in the United States District Court for the District of Columbia against the United States Environmental Protection...more
Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more
A United States District Court (D. South Carolina) (“Court”) addressed in a December 27th Order and Opinion (“Order”) an issue arising out of a Clean Water Act citizen suit action challenging the United States Army Corps of...more
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more
In March 2023, Kilpatrick Townsend reported on a number of Clean Water Act (CWA) citizen suit actions including Dakota Finance LLC d/b/a Arabella Farm v. Naturaland Trust (Arabella Farms). Arabella Farms addressed the issue...more
The Clean Water Act (CWA), like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation and seek...more
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
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
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
The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more
The Conservation Law Foundation and Charles River Watershed Association (collectively, “CLF”) sent a July 13th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Violations and Intent...more
The Clean Water Act, like many environmental laws, provides a supplementary enforcement mechanism, allowing citizens to sue any person who is alleged to be in violation of an effluent standard or limitation under the Clean...more
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more
The Center for Biological Diversity, Coosa Riverkeeper, Advance Etowah, and Our Children’s Earth Foundation (collectively “CBD”) filed a February 1st Clean Water Act citizen suit (“Complaint”) against the Water Works and...more
This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more
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
This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more
The Conservation Law Foundation will continue its Clean Water Act and RCRA citizen suit against Exxon Mobil alleging violations of those federal laws at Exxon Mobil's Everett facility if a decision yesterday by a three judge...more
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