• Mark Ryan

Two New Cases

Montalvan v. Neville’s Mobile Home Court, LLC, ___ F. Supp. 3d ___, 2020 WL 3172758 (M.D. Pa. 2020) (on motion for contempt, held that defendant mobile home park violated terms of 2012 consent decree by not installing appropriate wastewater treatment equipment and continuing to discharge pollutants to creek; court ordered the trailer park to be closed by April 2021, giving the residents time to move; plaintiffs are entitled to attorney fees)

Moss v. Sal Lapio, LLC, ___ F. Supp. 3d ___, 2020 WL 3259983 (E.D. Pa. 2020) (on motion to dismiss in construction stormwater case, held that plaintiff properly alleged an on-going violation where he alleged that defendants failed to stabilize and restore the construction area; there is no 505(b)(1)(B) bar where neither the state nor EPA has filed a civil or criminal action for the alleged violations; penalty assessed by Buck County Conservation District after filing of the 60-day notice does not preempt under 309(g)(6)(A)(ii) - (iii))

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Sackett 9th Circuit Oral Argument

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full disclosure, I worked on the Sackett case while at EPA.] Quick summary.

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