• 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))

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.

30 views0 comments

Recent Posts

See All

Waterkeeper Files NOI in Coal Ash Case

Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the

Two New (Oddball) CWA Cases

These two cases bring up issues one seldom sees in the case law, which makes them mildly interesting. Reading the clever arguments raised by defendants in the Earth Island case below reminded me of my

A Modest Proposal to Fix WOTUS

As I have argued numerous times in the past, Congress needs to fix the WOTUS problem. They created it by so vaguely defining “navigable waters,” and only they can permanently fix the problem (assuming

© 2016 by Ryan & Kuehler PLLC.

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