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California Dep't of Toxic Substances Control v. Westside Delivery, LLC

The Ninth Circuit held that a property owner who purchased the site at a tax sale is not entitled to CERCLA's third-party defense to liability for cleanup costs. The purchaser had a "contractual relationship" with the prior owner by virtue of the tax sale. Given the breadth of CERCLA's definition of...

Clean Water Action v. Pruitt

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for six waste streams generated by steam electric power plants: bottom...

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via groundwater. In late 2014, several hundred thousand gallons of gasoline ...