News & Analysis as of

Environmental Protection Agency (EPA) Consent Decrees Clean Water Act

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

PFAS Discharges: Environmental Justice Community Action Network and Roseboro, North Carolina Landfill Enter into Proposed Judicial...

The Southern Environmental Law Center (“SELC”) on behalf of the Environmental Justice Community Action Network filed a Proposed Judicial Consent Decree (“CD”) in the United States District Court for the Eastern District of...more

Williams Mullen

Proposed Rule: Avoiding a Worst-Case Scenario for Worst-Case Discharges

Williams Mullen on

EPA is poised to issue a final rule (the Rule) requiring stringent planning requirements for facilities with the potential for a “worst-case discharge” that could reasonably be expected to cause substantial harm to the...more

Mintz

Like it or not, what is and isn't a Water of the United States is clearer, but what is and isn't a Diligent Prosecution remains...

Mintz on

According to a complaint filed by the United States Environmental Protection Agency and the Georgia Department of Natural Resources, the DeKalb County Wastewater Treatment Facility discharged untreated wastewater into the...more

Bricker Graydon LLP

Judge Carr Approves Consent Decree Resolving Lake Erie Algae Bloom Litigation

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On May 4, 2023, Judge James Carr of the U.S. District Court, Northern District of Ohio, issued an Order approving a consent decree in settlement of litigation pending for nearly six years....more

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

Stormwater Enforcement: U.S. Environmental Protection Agency/State of Illinois and Perry County Solar Generating Facility Site...

The United States Environmental Protection Agency (“EPA”) and State of Illinois entered into a Consent Decree (“CD”) with Prairie State Solar, LLC (“Prairie State”) to address alleged violation of the Clean Water Act...more

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

Consent Decree Interpretation/Clean Water Act: Federal Appellate Court Addresses Dispute Between Fort Smith and U.S. Environmental...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) in a September 14th Opinion addressed a dispute between the City of Fort Smith (“Fort Smith”) and the United States Environmental Protection Agency...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

Mintz

This 1st Circuit Clean Water Act decision makes complete sense except in the real world

Mintz on

Almost two years to the day after the United States Supreme Court's decision in Maui v. Hawaii Wildlife Fund, the First Circuit Court of Appeals rendered its decision in The Blackstone Headwaters Coalition v. Gallo Builders. ...more

Farrell Fritz, P.C.

US Supreme Court Rules that CERCLA-Specific Settlement is a Pre-Requisite to a CERCLA Contribution Claim

Farrell Fritz, P.C. on

In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for...more

Woods Rogers

Resolved, yet Unclear: Supreme Court Tightens CERCLA Contribution Claim Requirements

Woods Rogers on

In a unanimous decision, the Supreme Court ruled that a party’s right to contribution claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) after entering into a settlement arises...more

Robinson & Cole LLP

U.S. Supreme Court Clarifies Predicates to CERCLA Contribution Actions - Guam v. United States, No. 20-382 (May 24, 2021)

Robinson & Cole LLP on

In siding with the Territory of Guam in its dispute with the United States over costs to clean up the Ordot Landfill, the Supreme Court has resolved a circuit court split over which types of administrative settlements trigger...more

Stoel Rives LLP

U.S. Supreme Court Decision Revives Guam Suit, Clarifies CERCLA, and Provides Cautionary Tale

Stoel Rives LLP on

Does a consent decree under the Clean Water Act (“CWA”) trigger a three-year limitation period to bring a contribution claim under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) when the...more

Holland & Hart LLP

SCOTUS Seeks to Clarify Contribution Claims under CERCLA

Holland & Hart LLP on

Last week, in its unanimous decision Guam v. United States, No. 20-382, the United States Supreme Court attempted to clarify a statutory question regarding the right to seek contribution that has been a source of uncertainty...more

Jackson Walker

Justices Hold CWA Settlement Does Not Start the Clock on CERCLA Limitations

Jackson Walker on

In Territory of Guam v. United States, the Supreme Court unanimously held that claims for contribution under Section 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) require...more

Davis Wright Tremaine LLP

SCOTUS Clarifies Scope of CERCLA Contribution Claims

This week, the U.S. Supreme Court decided the case of Guam v. United States, clarifying when contribution actions under CERCLA may be brought. In a unanimous decision overturning the D.C. Circuit, the Court held that a...more

Morgan Lewis

US Supreme Court: Settlement of CERCLA-Specific Liability Needed to Give Rise to CERCLA Contribution Claim

Morgan Lewis on

Reversing the US Court of Appeals for DC Circuit, a unanimous US Supreme Court held that Guam’s settlement of Clean Water Act liabilities did not give rise to and trigger the statute of limitations to bring a Comprehensive...more

Cole Schotz

Supreme Court To DOJ: “No”

Cole Schotz on

On Monday, the U.S. Supreme Court unanimously held that a settlement of Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)-specific liability is required to give rise to a contribution action...more

Bricker Graydon LLP

CERCLA contribution reach and the Guam do-over

Bricker Graydon LLP on

On May 24, 2021, the U.S. Supreme Court released its opinion in the Territory of Guam v. United States case. At issue was whether Guam could maintain a Comprehensive Environmental Response, Compensation, and Liability Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Guam v. United States

On May 24, 2021, the U.S. Supreme Court decided Guam v. United States, holding that contribution under CERCLA does not arise until there is a CERCLA-specific liability, even if there is a settlement that resolves liability...more

Beveridge & Diamond PC

Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

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On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties...more

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

Municipal Stormwater Enforcement: U.S. Department of Justice and City of Colorado Springs, Colorado Enter into Consent Decree

The United States Department of Justice (“DOJ”) entered into an October 29th Consent Decree (“CD”) with the City of Colorado Springs, Colorado (“Colorado Springs”) addressing alleged Clean Water Act National Pollution...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency and Churchill Downs Louisiana Horseracing Company LLC Enter into...

The United States Environmental Protection Agency (“EPA”) and Churchill Downs Louisiana Horseracing Company LLC, d/b/a Fair Grounds Corporation (“Churchill Downs”) entered into a September 29th judicial Consent Decree (“CD”)...more

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

Non-Transportation-Related Onshore Facilities/Clean Water Act: U.S. Environmental Protection Agency and Environmental...

The United States Environmental Protection Agency (“EPA”) and three environmental organizations entered into a March 12th Consent Decree (“Decree”) addressing Section 311(j)(5)(A)(i) of the Clean Water Act. See 19 Civ. 2516...more

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

Clean Water Act Enforcement: U.S. Environmental Protection Agency/State of Arkansas Enter into Consent Agreement with Magnolia,...

The United States Environmental Protection Agency entered into a Consent Decree (“Decree”) with Delek Logistics Operating, LLC, and Sala Gathering Systems, LLC, (collectively Delek) to address alleged violations relating to a...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Weighs In On Circuit Split Regarding CERCLA Contribution Claims After Settlement and The Statute of Limitation

Asarco, LLC v. Atlantic Richfield Company, 866 F.3d 1108 (9th Cir. 2017). In a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) contribution case, the Ninth Circuit addressed three issues of...more

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