• Mark Ryan

The Maui Fallout?

The article from the National Law Review I linked below is interesting in that it describes citizen suits that are beginning to be filed post-Maui. It'll be interesting to watch these and other cases over the next year or two. Are these outliers that will be quickly dismissed by the courts or are they the start of a wave of new litigation? There's not enough detail in this article to tell. My gut tells me that the courts will not be eager to expand on the current groundwater-connection case law and will cabin the more aggressive of these new cases. If not, SCOTUS will get a second shot at it in a few years. And, no, I don't think EPA will attempt a rulemaking here. It's a hot potato, and EPA already has a very full plate.

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