tag cwa- Clean Water Act Related Topics 
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.
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.
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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.
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
MGKF Law
MAY 8, 2022
Can plaintiffs in a citizen suit piggyback on existing governmental enforcement action and enforce the same alleged violation under the Clean Water Act (“CWA”)? Yes, as long as the citizen suit does not seek civil penalties, according to the First Circuit in The Blackstone Headwaters Coalition, Inc.
Law Columbia
JANUARY 16, 2019
The escalating costs of damages from extreme weather events, many exacerbated by climate change, makes poignant a question with a serious price tag: who will be on the hook to pay for climate damages? Photo Credit: United States Coast Guard, PA2 James Dillard.
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