The waiting is the hardest part: Eleventh Circuit rejects novel attempt to circumvent citizen suit notice provision

Frustrated at having their Clean Water Act (CWA) citizen suits blocked time and again by a state regulator, a couple of environmental organizations tried to avail themselves of a seldom invoked exception to the CWA citizen suit notice provision.  Without … Continue reading

District Court exposes vulnerability in Clean Water Act permit shield

Last week, in Southern Appalachian Mountain Stewards, et al. v A&G Coal Corp., No 2:12CV00009 (W.D. Va.), the U.S. District Court for the Western District of Virginia held that the Clean Water Act’s permit shield does not protect a NPDES … Continue reading