News & Analysis as of

Citizen Suits Enforcement Actions Clean Water Act

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

Citizen Suit Enforcement/Clean Water Act: Environmental Organizations Challenge Approval of Western Lake Eerie TMDL

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

McGlinchey Stafford

Supreme Court’s Cert Denials Pave Way for Surge in Environmental Citizen Suits

McGlinchey Stafford on

In a significant victory for environmental advocacy groups, the Supreme Court’s refusal on June 30, 2025 to grant certiorari in two pivotal cases (Port of Tacoma, et al. v. Puget Soundkeeper Alliance and ExxonMobil Corp., et...more

Allen Matkins

Citizen Suit Enforcement Under the Industrial General Permit: How Businesses Can Avoid Substantial Costs Associated with Notice...

Allen Matkins on

Each year, many California businesses receive letters from private entities, typically environmental nongovernmental organizations (Citizen Groups), alleging that those businesses’ facilities are in violation of applicable...more

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

Citizen Suit Action/ Clean Water Act: Environmental Defense Alliance Notice of Intent to Sue U.S. Environmental Protection Agency...

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

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

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

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

Clean Air Act Citizen Suit Enforcement/Pennsylvania Chemical Facilities: Food & Water Watch Judicial Action Alleging Allegheny...

The Environmental Action Project on behalf of Food & Water Watch (“F&W”) filed a November 15th Clean Air Act citizen suit action in the Court of Common Pleas of Allegheny County, Pennsylvania, against the Allegheny County...more

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

Air/Water Enforcement: Conservation Law Foundation Citizen Suit Action Addressing Quincy, Massachusetts, Fatty Acid/Glycerin...

The Conservation Law Foundation (“CLF”) filed on August 14th a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Twin Rivers Technologies, Inc., and Twin Rivers technologies...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,...

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

Kilpatrick

First Circuit Court of Appeals Limits the Diligent Prosecution Bar to Clean Water Act Citizen Suits

Kilpatrick on

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

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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