tag waters-of-the-united-states- Clean Water Act Related Topics 
MGKF Law
MAY 29, 2023
United States, 547 U.S. 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”).
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”).
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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. Rather, Section 1365 states that “any citizen may commence a civil action on his own behalf.
MGKF Law
OCTOBER 29, 2023
Read More » Tags: Citizens Suit , Clean Water Act , Mining , NPDES , Permits , Successor Liability , West Virginia Keystone WV , 2:22-cv-00367, 2023 WL 6466210 (S.D. 4, 2023), the Honorable Joseph R.
MGKF Law
JULY 5, 2022
This post was authored by summer associate Reilly Wright In United States v. May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury trial for defendants facing subrogation and recoupment claims under the Oil Pollution Act of 1990 (the “OPA”). ERR, LLC , No.
MGKF Law
DECEMBER 7, 2022
The court held that one of the contractor defendants, Weston Solutions, Inc. (“Weston”), was not subject to CERCLA liability because it only assisted with operating the water management system rather than controlling any operations related to the release of contaminant from the King Gold Mine (“Mine”).
MGKF Law
MAY 24, 2021
Less than a month after hearing oral arguments, the United States Supreme Court issued its unanimous decision in Guam v. United States , Docket No. United States , Docket No.
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