Search
  • 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.

https://www.natlawreview.com/article/groups-seeking-to-expand-reach-clean-water-act



If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

35 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