Environmental

Recent Posts

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments... Read More

Permit Shield Extended to General Permits by Sixth Circuit
Posted on 19 May 2015 by Steptoe & Johnson PLLC

In January 2015, the Sixth Circuit held that a defendant’s compliance with the terms of its National Pollutant Discharge Elimination System (“NPDES”) general permit would effectively “shield” that defendant from claims filed... Read More

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district... Read More

Colorado District Attorney lacks standing to bring citizen suit under Clean Water Act
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

A local Colorado district attorney, among others, filed suit against a city for allegedly discharging pollutants into a creek in violation of the CWA. The District Court granted the city's motion for summary judgment on the ground that the district... Read More

State Agency does not necessarily have exclusive expertise to address remediation such that CWA & RCRA citizen suit claims are to be dismissed, especially where there is a lack of ongoing formal state proceedings
Posted on 25 Oct 2011 by Thomas H. Clarke, Jr.

NL Industries owned a site through 2005. It entered into an administrative consent order with the State of New Jersey which required it to clean-up part of a site and investigate other portions, including sediments in an adjacent river. The sediments... Read More