News & Analysis as of

Standing Pollution Control Environmental Violations

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

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

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

Pillsbury Winthrop Shaw Pittman LLP

Journey's End? Fifth Circuit Issues Splintered Decision in Important Clean Air Act Citizen Suit Case

The nine judges that finally coalesced over the decision of affirmance voted for two inconsistent judgments and provided no explanation for this result. The judges held that, under Laidlaw, civil penalties which must be...more

Morgan Lewis

Tenth Circuit Grants Standing to NonProfit Seeking to Enforce Clean Air Act Tampering Provisions

Morgan Lewis on

A unanimous three-judge panel in the US Court of Appeals for the Tenth Circuit affirmed on December 28, 2021 that private citizens and environmental groups have the right to seek enforcement of the Clean Air Act’s...more

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