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Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations

Ninth Circuit Vacates Judgement Requiring Clean Water Act Citizen Suit to Prove Ongoing Discharge in Case Alleging Monitoring Violations

By Carl Jones and Rebecca Andrews The Ninth Circuit Court of Appeals, on September 20, 2021, [...]

U.S. District Court Applies the Clean Water Act ‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court

U.S. District Court Applies the Clean Water Act ‘Functional Equivalent’ Standard Set Forth by the U.S. Supreme Court

By Ana Schwab and Rebecca Andrews To determine if the County of Maui required a federal [...]

U.S. Supreme Court Determines Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability

U.S. Supreme Court Determines Contribution Action Under CERCLA Section 113(F) Requires Settlement of CERCLA Liability—Not Clean Water Act Liability

By Heraclio Pimentel and Rebecca Andrews The U.S. Supreme Court recently held that a party may [...]

U.S. District Court Dismisses Clean Water Act Citizen Suit for Failure to Show an Environmental Injury to Establish Standing

U.S. District Court Dismisses Clean Water Act Citizen Suit for Failure to Show an Environmental Injury to Establish Standing

By Geremy Holm and Rebecca Andrews The U.S. District Court for the Southern District of Georgia [...]