News & Analysis as of July 24, 2025

Citizen Suits

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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 -

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

Beveridge & Diamond PC on 7/23/2025

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

Citizen Suit Action/Clean Water Act/RCRA: Federal Court Addresses Jurisdictional Issues

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/22/2025

The United States District Court for the Middle District of Tennessee (“Court”) in a March 6th Opinion addressed an issue arising out of a citizen suit action filed under the Clean Water Act, 33 U.S.C. §§ 1251-1389 (“CWA”)...more

Waters of the United States/ Construction General NPDES Stormwater Permit: Federal District Court Addresses Request to Dismiss...

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/26/2025

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

Discharges Through Groundwater: Fourth Circuit Expands CWA Jurisdiction

Farella Braun + Martel LLP on 6/26/2018

A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more

The Supreme Court Sends WOTUS Rule Challenges to the District Courts — It’s Good to Be King

Foley Hoag LLP - Environmental Law on 1/23/2018

On January 22,2018, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent. ...more

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