A district court recently dismissed multiple Clean Water Act citizen suit claims under the concurrent-remedies doctrine, confirming that the doctrine continues to be “alive, well, and strong” as a potential defense to environmental claims.
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Fourth Circuit Ruling Narrowly Construes Administrative Enforcement Bar to Clean Water Act Citizen Suit
A recent Fourth Circuit decision narrowly construed the state administrative enforcement bar to the Clean Water Act citizen suit, allowing a citizen suit seeking civil penalties to proceed despite the fact the state had already issued a notice of violation for the same alleged conduct.
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Sitting Still (or How State Anti-Idling Laws are Landing Transit and Transportation Companies in Federal Court)
How can sitting still in the Northeast potentially land you in a world of trouble under the Federal Clean Air Act (CAA) and corresponding state laws? Quite easily, if you happen to be in or leave a vehicle with its engine on and the vehicle itself is not in motion for more than a few minutes. That is the definition of “unnecessary vehicle idling” in many jurisdictions.
Across the Northeast and elsewhere, unnecessary vehicle idling is, subject to certain nuances and exceptions, generally prohibited. Recently, violators have come under attack by non-governmental organizations. State penalties vary, but the potential exposure can be severe, especially when the statutory maximum available penalties are calculated pursuant to the Federal CAA and compounded on a per-violation/per-day basis. Accordingly, owners and operators of all forms of trucking and transit companies should not sit still and should take proactive measures to educate or reeducate vehicle schedulers and operators alike on these anti-idling requirements.
Continue Reading Sitting Still (or How State Anti-Idling Laws are Landing Transit and Transportation Companies in Federal Court)
Environmental Groups Sue EPA to Develop Worst-Case Hazardous Substance Spill Rules
In their ongoing efforts to require EPA to develop a hazardous substance spill program under the Clean Water Act, environmental groups allege in a new lawsuit that EPA must promulgate worst-case discharge regulations requiring certain facilities to develop facility response plans. What this means for EPA’s recent proposal not to develop a general CWA hazardous substance spill program and potentially regulated facilities remains to be seen.
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TMDL Limits Are Coming To California’s Industrial Storm Water General Permit
Continuing its vanguard approach to environmental regulation, California is poised to incorporate Total Maximum Daily Load (TMDL)-specific requirements into its industrial storm water general permit (IGP). TMDLs are pollutant- and water body-specific and establish the maximum amount of a pollutant a water body can receive while meeting water quality standards. Once effective, these new requirements will provide additional avenues of attack for the already active Clean Water Act citizen suit docket.
Continue Reading TMDL Limits Are Coming To California’s Industrial Storm Water General Permit
A Seismic Change Is Coming to California’s General Industrial Stormwater Permit
California is considering the first-in-the-nation general industrial stormwater permit incorporating Total Maximum Daily Load-related numeric action levels and numeric effluent limitations. Touted as an effort to promote green infrastructure and water reuse, this proposal could revamp how industry manages stormwater.
Continue Reading A Seismic Change Is Coming to California’s General Industrial Stormwater Permit