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U.S. High Court Declines To Hear Dispute Over Transfer Of Pollutants In Water

WASHINGTON, D.C. - (Mealey's) The U.S Supreme Court on Nov. 29 denied a petition for certiorari filed by environmental groups in Florida over whether the transfer of water pollutants from one body of water to another constitutes an "addition" of pollutants to navigable waters therefore...

9th Circuit Narrows Circumstances Under Which Attorney Fees Won’t Be Awarded In CWA Litigation

The Resurrection Bay Conservation Alliance sued the City of Seward, Alaska, for violation of the CWA in discharging pollutants without an NPDES permit from both the small boat harbor and the industrial park. About 9 months later, both parties filed MSJ; the District Court granted plaintiff's motion...

High Court Hears Couple's Arguments Challenging Clean Water Act Order

WASHINGTON, D.C. - (Mealey's) A couple told the U.S. Supreme Court on Jan. 9 that their inability to challenge an Environmental Protection Agency order issued under the Clean Water Act (CWA) violated their due process rights and the Administrative Procedures Act (APA) ( Chantell Sackett, et al. v...

Well Investor Agrees To Pay $90 Million To Resolve Gulf Oil Spill Claims

NEW ORLEANS - (Mealey's) MOEX Offshore 2007 LLC has agreed to pay $90 million to resolve liability and pay civil penalties under the Clean Water Act (CWA) to settle claims asserted against it by the government and five states over the explosion of the Deepwater Horizon oil rig and ensuing oil spill...

Oil Spill MDL Judge: BP, Andarko Liable Under Clean Water Act

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over litigation stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico held Feb. 22 that BP PLC and Andarko Petroleum Co. are liable for civil penalties under the Clean Water Act (CWA...

High Court Says Couple Can Seek Review Of EPA's Compliance Order

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because the order was a final agency action that could be...

U.S. Supreme Court Finds Sewer System's Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 8 held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

BP Agrees To Pay $18.7 Billion To Resolve Claims Over Gulf Oil Spill

NEW ORLEANS — (Mealey’s) BP Exploration & Production Inc. will pay $18.7 billion over the course of 18 years to resolve Clean Water Act (CWA) and natural resource damages claims from the federal government and states of Alabama, Florida, Louisiana, Mississippi and Texas stemming from...

Williams Mullen: Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. | With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the...

Duane Morris LLP: U.S. District Court Preliminarily Enjoins EPA and ACOE ‘Waters of the United States’ Final Rule

On August 27, 2015, a federal district judge in North Dakota preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water Rule: Definition of Waters of the United States," which was set to take effect on...