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Notice requirements, §505(b)

Sierra Club v. BNSF Railway

A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways. At issue was whether coal dust from rail...

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.

The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that alleges that a discharger violated its permit...

Paolino v. JF Realty

The First Circuit held that a lower court erred in dismissing a landowner's CWA citizen suit for lack of proper pre-suit notice. The landowner filed suit against the neighboring property owner—an automobile salvage and recycling...

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.

A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations. Because the groups filed suit just 11 days after sending the mine its notice of violation, the mine claimed...

LM Nursing Service, Inc. v. Ferreira

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages...

Waste Action Project v. Clark County

The court holds that a county violated the Federal Water Pollution Control Act (FWPCA) by discharging stormwater runoff without a National Pollutant Discharge Elimination System (NPDES) permit. The court first holds that environmental...