Search
  • Mark Ryan

Two New CWA Cases

Here are two new decisions from the courts. The Melton Properties case is an interesting one dealing with the old question of jurisdiction over residual discharges from a one-time accident. The Court dives into the weeds on that one, and does a fair job on the analysis.


Sierra Club v. USACOE, 2020 WL 7389744 (D. Me. 2020) (denying motion for PI in case challenging Corps issuance of 404 permit to power company without an EIS, held that plaintiffs could not show likelihood of success on the merits in their various challenges to the permit; Corps was not required to extend its analysis to non-WOTUS impacts)

Melton Properties, LLC v. Illinois Central Railroad Co., 2020 WL 7335018 (N.D. Miss. 2020) (on motion for reconsideration and for interlocutory review after dismissal of case involving ongoing discharges from train derailment, held that 4th Cir. authority on Gwaltney was not overturned by Maui; it is insufficient for Gwaltney purposes for plaintiff to simply allege that there are continuing effects from a past discharge - the issue is continuing discharges from a point source; court also denied motion for interlocutory appeal)



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.

40 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