Natural resource damages (NRD) under federal law is a statutory cause of action to compensate for injury to natural resources resulting from releases of hazardous substances or oil. Designated officials are authorized under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA), among others, to act as “trustees” on behalf of the public or tribes.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) established the “Superfund,” which allows the U.S. Environmental Protection Agency (EPA) to clean up contaminated sites. It also forces the parties responsible for contamination to either perform cleanups or reimburse the government for the EPA-led cleanup work. The Superfund program relies on several tools to protect against lasting contamination.
The Ninth Circuit reversed in part summary judgment for the operators of a marine cargo terminal on Puget Sound in a CWA citizen suit concerning stormwater discharges. An environmental group argued the operators were liable for discharges from the facility's entire footprint, including an area known...
A district court denied the state of Florida's motion for a limited stay of the court's prior ruling vacating EPA's approval of Florida's application to assume permitting authority under §404 of the CWA. Environmental groups initially sued, arguing EPA and FWS violated the ESA because neither the p...
A district court denied a mining company's motion for partial summary judgment in a lawsuit concerning pollution from the company's British Columbia smelter along the Upper Columbia River. Tribal members sought natural resource damages for contamination of the river. The company argued the members' ...
A district court granted in part environmental groups' motion for summary judgment in a challenge to various agency actions relating to EPA's approval of the state of Florida's application to assume permitting authority under §404 of the CWA. The groups argued EPA and FWS violated the ESA because n...
The Tenth Circuit reversed a district court finding of a CWA violation in a citizen suit brought against the operator of a gold mine in Colorado. Plaintiffs argued the operator violated the CWA because seepage from the mine's settling ponds flowed into the groundwater and then migrated to the Middle...
The Ninth Circuit affirmed summary judgment for an environmental group in a suit against a California resident who engaged in instream suction dredge mining in Idaho’s South Fork Clearwater River without an NPDES permit. The group argued the resident violated the CWA each time he operated a suctio...
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.
The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...