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