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Attorneys fees

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme...

Friends of the Everglades v. South Florida Water Management District

The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from pumping polluted canal water into Lake...

Control of Nonpoint Pollution Through Citizen Enforcement of Unpermitted Stormwater Discharges: A Proposal for Bottom-Up Litigation

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States.1 It is...

Judicial, Administrative, and Congressional Responses to SWANCC

In the wake of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC),1 courts have scrambled to reevaluate the scope and reach of the...

Now More Than Ever: Environmental Citizen Suit Trends

Introduction

Environmental citizen suits matter. In 1970, borne in a fulcrum of necessity due to inadequate resources and resolve, and borrowing a bit from common-law qui tam without the bounty, the U.S. Congress...

Environmental Citizen Suits at Thirtysomething: A Celebration and Summit

Preface

In 1970, the U.S. Congress gave citizens the remarkable authority to file federal lawsuits as "private attorneys general" to enforce the Clean Air Act (CAA).1 Congress intended citizen...

Beyond Section 404: Corps Permitting and the National Environmental Policy Act

Wetlands permitting under § 404 of the Clean Water Act (CWA)1 presents many complex and challenging issues, ranging from the extent of the federal government's jurisdiction over potential "waters of the...

The Curious Flight of the Migratory Bird Rule

Few, if any, issues have divided environmental lawyers more than the legitimacy of the Migratory Bird Rule (Rule).1 Ever since its adoption in 1986 by the U.S. Environmental Protection Agency (EPA) and the U.S...

When Are Clean Water Act Citizen Suits Precluded by Government Enforcement Actions?

Since the enactment of the Clean Water Act (CWA or Act)1 28 years ago, the federal courts have been called upon to sort out the respective roles of the federal and state governments in connection with numerous...

Pennsylvania Envtl. Defense Found. v. Canon-McMillan Sch. Dist.

The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds that the district court has not made an...