News & Analysis as of July 23, 2025

Clean Water Act › Standing

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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 -

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

Top 3 Supreme Court Environmental and Administrative Trends of 2025

ArentFox Schiff on 7/18/2025

Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

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

McGlinchey Stafford on 7/18/2025

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

United States Supreme Court Administrative Law Decisions of Note During the 2024-2025 Term

Womble Bond Dickinson on 7/15/2025

In this update, we cover the most impactful Supreme Court cases related to administrative law issues decided during the 2024-2025 term. The Supreme Court decided important administrative law cases falling into these general...more

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/14/2025

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more

Supreme Court Declines to Limit Environmental Citizen Suits

Holland & Hart LLP on 7/11/2025

On June 30, 2025, the Supreme Court denied industry group petitions to review and reverse two cases—one out of the Fifth Circuit and the other out of the Ninth Circuit—that could have significantly restricted the ability of...more

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

Foley Hoag LLP - Environmental Law on 12/16/2024

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

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

Bracewell LLP on 10/18/2023

Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

This Week at The Ninth: Abatement and Discharge

Morrison & Foerster LLP - Left Coast Appeals on 9/27/2021

This week, the Court considered the retroactivity of California’s Proposition 22—which designates “app-based drivers” as independent contractors under certain conditions—and addressed the requirements for Clean Water Act...more

Section 404/Clean Water Act Citizen Suit Action: Federal District Court Addresses Standing Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 2/8/2021

A United States District Court (“Court”) in a January 29th Order addressed a standing issue that arose in a Clean Water Act citizen suit action. See The Glynn Environmental Coalition, Inc., et al. v. Sea Island Acquisition,...more

RCRA/Clean Water Act Citizen Suit Action: Federal Court Addresses Procedural Motion Filed by South Carolina Plastic-Pellet...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/24/2020

A United States District Court (D. South Carolina) (“Court”) addressed in a September 21st Order a procedural motion (judgment on the pleadings) filed by a plastic-pellet packager related to alleged federal environmental...more

Not Everybody Can Sue the EPA

Gray Reed on 10/11/2019

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

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

(ACOEL) | American College of Environmental... on 8/8/2019

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

Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit

Allen Matkins on 10/17/2018

In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more

CAFO Permit Challenge: Delaware Court Addresses Standing Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/5/2018

The Superior Court of Delaware (“Court”) addressed in an August 24th opinion an appeal from a Delaware Environmental Appeals Board (“Board”) decision addressing whether an interest group had organization standing. See Food &...more

Fourth Circuit Rejects “Construction Submission” Theory In Case Against West Virginia

Pillsbury - Gravel2Gavel Construction & Real... on 6/21/2018

On June 20, the U.S. Court of Appeals for the Fourth Circuit decided what be a very important decision for companies with mining interests in West Virginia, impacting their ability to comply with the Clean Water Act (CWA)....more

Construction/Clean Water Act Citizen Suit Enforcement Action: Federal Appellate Court Addresses Standing Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/4/2018

The United States Court of Appeals for the Fourth Circuit affirmed a district court’s dismissal of a citizen suit enforcement action on May 7, 2018 to enjoin the construction of a funeral home and mortuary in Howard County,...more

404 Clean Water Act Citizen Suit Action: Federal Appellate Court Addresses Oklahoma Sand and Gravel Company's Objection to...

Mitchell, Williams, Selig, Gates & Woodyard,... on 4/16/2018

The United States Court of Appeals for the Tenth Circuit issued a March 22nd opinion addressing a Oklahoma sand and gravel mining company’s objection to a United States District Court’s (Northern District of Oklahoma) Order...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more

Energy Sector Alert Series: A Legislative Outlook

WilmerHale on 1/29/2016

Over the next eight weeks, we will provide a broad look at current and emerging issues facing the energy sector in a series of alerts. In this series, attorneys from across the firm will discuss issues ranging from...more

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Clean Water Act › Standing

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