• Mark Ryan

The First 2020 CWA Cases

Here are the first CWA cases in 2020.

Nez Perce Tribe v. Midas Gold Corp., 2020 WL 113348 (D. Idaho 2020) (denying motion to stay, held that defendants had not made a sufficient showing of likely success in negotiating a CERCLA AOC with EPA to warrant staying the current CWA litigation alleging discharges from historic adits, tailings piles and ponds at mine site; defendants have not demonstrated a sufficient hardship while the Tribe has demonstrated real, tangible harm from the continued discharge of pollutants)

OVEC v. EPA, 2020 WL 247312 (S.D.W.Va. 2020) (granting motion for attorney fees in suit brought against EPA for failure to promulgate TMDL; $100,684 in fees and $697 in costs were reasonable; plaintiffs subtracted from fee request time spent on losing arguments; time spent prior to EPA entering into MOA with state was compensable because plaintiff’s suit led to EPA MOA; hourly attorney fee rates between $295 and $335 were reasonable)

Baykeeper v. EPA, 2020 WL 228279 (N.D. Cal. 2020) (granting motions by environmental group and state to consolidate cases challenging EPA’s determination that San Francisco Bay Area salt ponds on not WOTUS; motion by owner of site to intervene granted)

Maine v. EPA, 2020 WL 256519 (D. Me. 2020) (denying Tribe’s motion to stay remand, held that EPA is entitled to reconsider its prior determination regarding how protective Maine’s wqs are tribal member fish consumption, but EPA must explain itself; Tribe will not endure undo harm from remand because the protective 2017 wqs will remain in effect until EPA re-promulgates)

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