US DOJ and City of Houston Reach Agreement on City’s Response to Illegal Dumping

In July 2022, the US Department of Justice (DOJ) announced an investigation into charges the City of Houston discriminated against poor and minority neighborhoods in responding to reports of illegal dumping. On June 6, 2023, DOJ announced an agreement between it and the City; DOJ’s efforts will change from investigating the City to monitoring the […]

Settlement with $2.4 Million Penalty Helps Complete Sale of Facility

A company agreed to sell a major chemical manufacturing facility. The state environmental agency refused to transfer the water discharge permit to the buyer, due to the seller’s past and ongoing discharge violations. The state told the seller it would not transfer the permit without a corrective mechanism in place, enforceable as to the seller […]

US Supreme Court Defines WOTUS

In 2022, when the US Supreme Court agreed to hear Sackett v. EPA, the Court indicated it would consider “the proper test” for determining when “wetlands” should be considered “waters of the United States” (WOTUS) “under the Clean Water Act, 33 U. S. C. § 1362(7).” On May 25, 2023, the Court decided Sackett, announcing […]

DOJ and EPA Sue Norfolk Southern for East Palestine Derailment

On March 30, 2023, the US Department of Justice (DOJ) on behalf of the US Environmental Protection Agency (EPA) brought a civil suit against Norfolk Southern Railway Company and its parent, Norfolk Southern Corporation. DOJ’s Complaint alleges the February 3, 2023 derailment in East Palestine, Ohio caused violations of the Clean Water Act (CWA). DOJ […]

Stormwater Violations Lead to Large Penalty

In 2015, as a result of an environmental audit, a multi-state freight carrier reported to EPA that several of its facilities did not have stormwater permits or did not comply with stormwater discharge requirements. Violations Continued Beginning 18 months after the company’s initial report, and continuing for over three years, EPA and several state agencies […]

EPA and Corps Issue New WOTUS Rule-Issue Currently before US Supreme Court

On December 30, 2022, EPA and the US Army Corps of Engineers issued a Final Rule addressing the definition of “waters of the United States” (WOTUS) with the goal of “defining the scope of waters protected” under the Clean Water Act (CWA). On the same day, the US Department of Justice (DOJ) informed the US […]

Violations of Stormwater Permits at Four Construction Sites Lead to over $1.3 Million in Civil Penalties

Four solar energy companies faced allegations they violated the Clean Water Act (CWA) by failing to comply with stormwater permit requirements during construction of large-scale solar generating facilities. The companies paid a total of $1.34 million to settle; each used the same contractor. Stormwater Permit Requirements for Construction Sites The CWA requires construction sites of […]

Court Affirms EPA Determination of CZMA Compliance

EPA designated an area of Long Island, New York to receive material from future dredging of Long Island Sound. The State of New York opposed the designation, arguing that EPA’s designation violated the Coastal Zone Management Act (CZMA). Arbitrary and Capricious Standard The US Court of Appeals for the 2nd Circuit affirmed EPA’s designation. In […]

DOJ Announces Comprehensive Environmental Justice Strategy

In a May 5 news release, the US Department of Justice (DOJ) announced the launching of a “comprehensive environmental justice strategy” and also announced issuance of “an Interim Final Rule that will restore the use of supplemental environmental projects in appropriate circumstances.” DOJ Environmental Justice Memorandum On the same day, Associate Attorney General Vanita Gupta […]

Federal Appeals Court Allows CWA Citizen Suit to Proceed Despite State Agency Order

In response to a citizen’s suit under the Clean Water Act (CWA), the defendants obtained dismissal from the district (trial level) court, because the state agency had issued an administrative order for the same violations. In Blackstone Headwaters Coalition v. Gallo Builders, the1st Circuit issued an en banc opinion that the citizen’s suit could proceed […]

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