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Clean Water Act › Environmental Litigation › Enforcement Actions

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Beveridge & Diamond PC

Preparing for a Wave Citizen Suits: Five Key Strategies on the Diligent Prosecution Bar

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As earlier reported, environmental non-governmental organizations (eNGOs) have promised to pursue enforcement where the Biden EPA left off – they have the legal authority to do so under most environmental federal statutes and...more

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

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

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

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

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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

Tonkon Torp LLP

U.S. Supreme Court Limits EPA Discretion in Landmark NPDES Permit Decision

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The Supreme Court’s recent decision in City and County of San Francisco v. Environmental Protection Agency, (EPA) 604 U.S. ____ (2025) significantly alters the regulatory landscape for NPDES permits under the Clean Water Act...more

Allen Matkins

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

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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

Allen Matkins

California Environmental Law & Policy Update 6.6.25

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On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...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...

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

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

Holland & Hart LLP

Supreme Court Invalidates "End-Result" Provisions in Clean Water Act Discharge Permits

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The U.S. Supreme Court last week, in a 5-4 decision, held that discharge permit “end-result” requirements—those that make a permittee responsible for the quality of the receiving water into which the permittee discharges—are...more

Stinson LLP

Supreme Court Rules for Permit Holders on Age-Old CWA Dispute

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In a 5-4 ruling on March 4, the U.S. Supreme Court held that the Environmental Protection Agency (EPA) lacks authority to impose Clean Water Act (CWA) conditions in National Pollutant Discharge Elimination System (NPDES)...more

Troutman Pepper Locke

Wisconsin DOJ Settles Environmental Enforcement Action With Trucking Company Over Alleged Water Pollution Violations

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On November 22, Wisconsin Attorney General (AG) Josh Kaul announced that his office settled a civil enforcement action against Paul Bugar Trucking, Inc. and its owner, Paul J. Bugar. Kaul alleged the defendants violated a...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

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Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #5

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Federal agencies to limit water pollution enforcement where states have taken action - Bullet The Hill – July 27 - The U.S. Department of Justice (DOJ) on Monday released a memorandom stating that it will not pursue...more

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