News & Analysis as of

Enforcement Actions Citizen Suits Environmental Protection Agency (EPA)

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

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

Foley Hoag LLP - Environmental Law

Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law...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,...

Citizen Suit Enforcement/RCRA Remediation: Federal Appellate Court Addresses Imminent/Endangerment Question

The United States Court of Appeals for the Seventh Circuit (“7th Circuit”) addressed in an August 16th Opinion an issue arising out of a Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Schmucker v....more

Foley & Lardner LLP

Revival of the General Duty Clause

Foley & Lardner LLP on

In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry...more

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