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Citizen Suits Environmental Policies Clean Water Act

Troutman Pepper Locke

Citizen Suits and Larger Penalties May Be the Future of California Water Quality Protections

Troutman Pepper Locke on

The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,” which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean...more

McGlinchey Stafford

Trump EPA: Interplay of Deregulation and NGO Citizen Suits

McGlinchey Stafford on

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

Foley Hoag LLP - Environmental Law

The Fifth Circuit Court of Appeals Really Doesn't Want to Decide Who Has Standing to Bring CAA Penalty Claims

Earlier this week, in what almost certainly has to be the most fractured appellate decision in the history of the United States courts, the 5th Circuit Court of Appeals, sitting en banc, affirmed via per curiam decision the...more

Schwabe, Williamson & Wyatt PC

Ports Must Control Stormwater Across Their Entire Footprint

Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more

Foley Hoag LLP - Environmental Law

More Litigation Concerning Plastic Pollution: Can Claims Be Both Novel and Traditional at the Same Time?

Last month, I advised plastics manufacturers to prepare for more litigation.  Although I am generally loath to speculate, it already looks as though this prediction is coming true.  Earlier this month, PennEnvironment and...more

Mintz

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

Mintz on

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

Foley Hoag LLP - Environmental Law

Cooperative Federalism Still Requires Two To Tango

Earlier this month, the 9th Circuit Court of Appeals held that a long-term failure by a state to submit to EPA a TMDL for an impaired water can constitute a “constructive submission” of no TMDL, triggering an obligation on...more

(ACOEL) | American College of Environmental...

Twenty Years of Waterkeeper Alliance: How the Waterkeeper Movement Shaped and Was Shaped by U.S. Environmental Law

In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more

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