Search
  • 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)

26 views0 comments

Recent Posts

See All

New 2020 WOTUS Rule Challenge Filed

Two New Mexico tribes filed a new challenge to the 2020 WOTUS rule in the D. of New Mexico on March 29. This complaint sets itself apart from many of the others in that it asserts a failure to abide b

The CWA Blog is Retiring in June

Thirty-three years of practicing law is enough, and I'm retiring this year. Unfortunately, that also means the end of the CWA Blog. I've decided, after careful consideration, to send the Blog off into

Sackett Update

You will recall that the latest chapter of the long Sackett saga is that EPA filed a motion to dismiss the appeal as moot given that the old WOTUS rule, which is the basis of the Sackett challenge, is

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black