By Andrew H. Perellis, Eric E. Boyd, and Craig B. Simonsen
Most environmental statutes allow suits challenging actions by the U. S. Environmental Protection Agency (EPA), and provide that successful plaintiffs in these actions can receive attorney fees and costs. The U.S. Government Accounting Office (GAO) recently released an analysis of Environmental Litigation: Cases Against EPA and Associated Costs …
By Andrew Perellis and Ilana Morady
The U.S. Supreme Court recently granted certiorari to address the constitutionality of unilateral administrative orders issued by EPA under the Clean Water Act (CWA). These orders, also known as administrative compliance orders (ACOs), require parties to undertake response action when the EPA believes a violation of an environmental statute has occurred. Under the CWA…
Continue Reading Are EPA’s Compliance Orders Unconstitutional?
On April 27, USEPA and the U.S. Army Corp of Engineers (USACE”) released proposed guidance clarifying the definition of “Waters of the United States” subject to jurisdiction under various Clean Water Act (“CWA”) regulations. The guidance is intended to define “Waters of the United States” to assist USEPA and USACE staff in making determinations about applicability…
