Someone forgot to tell the Third Circuit that we are nearing the end of August. Instead of binging on Danielle Steel novels at the beach, the court last week was busy turning out not one, not two, but three precedential … Continue reading
Category Archives: Waste
In efforts to curb pollution from agricultural operations, is RCRA the new Clean Water Act?
Agriculture is a major source of pollution for a number of our nation’s impaired waters, including the Chesapeake Bay. For that reason, government agencies and environmental organizations have targeted agricultural operations as part of their clean water enforcement initiatives. However, … Continue reading
Third Circuit decision on Rule 68 “offers of judgment” may add a page to the defense bar’s environmental citizen suit playbook
Last week, the U.S. Court of Appeals for the Third Circuit issued an opinion that may encourage defendants in environmental citizen suits to make greater use of the “offer of judgment” tool fashioned by Rule 68 of the Federal Rules of Civil Procedure, which … Continue reading
Ninth Circuit touches novel CWA and RCRA claims with a forty-foot pole
Last month, an environmental organization testing the bounds of the reach of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA) ran into a brick wall wooden pole when the U.S. Court of Appeals for the … Continue reading