tag clean-water-act- Clean Water Act Related Topics 
MGKF Law
JANUARY 23, 2023
Read More » Tags: Clean Water Act , Consent Decree , Enforcement , Third Circuit , Wetlands This decision is a good reminder that Consent Decrees have a long shelf life and that private parties should negotiate carefully to ensure both its short-term and long-term interests are protected.
MGKF Law
MAY 29, 2023
While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). United States, 547 U.S. 715, 754 (2006). See 88 Fed.
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MGKF Law
AUGUST 30, 2022
In order to bring a citizen suit in federal district court under the Clean Water Act, 33 USC § 1365(a)(1), the plaintiff must first give “notice of the alleged violation” to the alleged violator, the EPA, and the State at least 60 days prior to commencing suit. In Shark River Cleanup Coalition v. §135.3(a).
MGKF Law
JANUARY 30, 2024
On January 3, 2024, the United States Court of Appeals for the Tenth Circuit reversed a district court decision that held that a Colorado gold mining company’s operation of four settling ponds constituted an unpermitted discharge of pollutants into navigable waters under the Clean Water Act (“CWA”).
MGKF Law
FEBRUARY 22, 2021
18, 2021), denied a factory owner’s motion for summary judgment based on its holding that the Clean Water Act (“CWA”) and the Pennsylvania Clean Streams Law (“PCSL”) are not “roughly comparable” statutes. Keystone Protein Co. , 1:19-CV-01307, 2021 WL 632734, at *1 (M.D.
MGKF Law
JULY 11, 2021
On June 23, 2021, the Ninth Circuit, in directing the lower court to dismiss a citizen’s suit claim under the Clean Water Act (“CWA”), held that the CWA did not abrogate tribal sovereign immunity. This Blog Post was authored by Omar Khodor, a summer associate. Deschutes River All. Portland Gen.
MGKF Law
OCTOBER 29, 2023
Read More » Tags: Citizens Suit , Clean Water Act , Mining , NPDES , Permits , Successor Liability , West Virginia Read More » Tags: Citizens Suit , Clean Water Act , Mining , NPDES , Permits , Successor Liability , West Virginia
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