News & Analysis as of

Consent Decrees Citizen Suits

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

PFAS/Clean Water Act Citizen Suit Enforcement: Coosa River Basin Initiative and Georgia Municipality Enter into Consent Decree

The Coosa River Basin Initiative (“Initiative”) and City of Calhoun, Georgia (“Calhoun”) entered into a Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil Action No. 4:24-cv-00068-WMR. ...more

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

Citizen Suit Action/Clean Water Act: Black Warrior Riverkeeper and Tuscaloosa, Alabama Coal Mine Operator Enter into Consent...

Black Water Riverkeeper (“Riverkeeper”) and Warrior Met Coal Mining, LLC (“WMC”) entered into a July 29th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Case No. 7:22-cv-01178-LSC. The CD...more

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

Citizen Suit Enforcement/Clean Water Act: Columbia Riverkeeper and Port of Vancouver U.S.A. Enter into Consent Decree

Columbia Riverkeeper and the Port of Vancouver U.S.A. (collectively, “Port”) entered into a Consent Decree (“CD”) on September 12th to address alleged violations of the Clean Water Act. The Washington State port district...more

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

Citizen Suit Enforcement/Clean Water Act: Conservation Law Foundation and New Hampshire Fish and Game Department Enter into...

The Conservation Law Foundation (“CLF”) and New Hampshire Fish and Game Department (“Fish and Game”) entered into a September 8th Consent Decree (“CD”) addressing alleged violations of the Clean Water Act. See Civil No....more

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

Coal Pile Drainage/Citizen Suit Enforcement: Court Approves Consent Decree Between Environmental Organizations and Alabama Mine...

The Southern Environmental Law Center and two other environmental organizations issued an August 11th news release stating that a United States District Court Judge in Birmingham, Alabama, granted a request to approve a...more

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

Citizen Suit Action/Clean Air Act: Environmental Organizations and Colorado Coal Mine Operators Enter into Consent Decree

The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more

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

Plastic Pellets/Clean Water Act Consent Decree: Federal Appellate Court Interprets Payment/Reporting Provisions

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) in an April 30th Opinion addressed an issue regarding the terms of a Clean Water Act Consent Decree. See San Antonio Bay Estuarine Waterkeeper, et al....more

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

RCRA Citizen Suit: Federal District Court Addresses Scope of Term "Removal"

The United States Federal District Court (E.D. Louisiana) (“Court”) addressed in a November 5th Order an issue arising out of a federal Resource Conservation and Recovery Act (“RCRA”) citizen suit action. See Residents of...more

Foley Hoag LLP - Environmental Law

Governor Jim Justice and the Progress of Man

On Monday, Judge David Faber found Bluestone Coal Corporation liable for 1,904 days of violations of its discharge permit at the Red Fox Surface Mine. All of the violations related to excessive discharges of selenium. ...more

Foley Hoag LLP - Environmental Law

Injunctions In RCRA Citizen Suits — Broad, But Not Infinite

Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls. Contamination was detected at the Johnson Controls...more

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