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Litigation

RULING PROMPTS LOBBYING FOR LIMITING WATER ACT CITIZEN SUIT PROVISIONS

Wastewater and municipal groups are asking Congress to narrow the conditions for filing Clean Water Act (CWA) citizen suits to stem the potential widespread impact of a landmark California ruling requiring facilities to obtain clean water permits for discharges to waterbodies with only groundwater connections to navigable waters, sources say.

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APPEALS RULING MAY BLOCK FUTURE ENVIRONMENTAL FALSE CLAIMS SUITS

A recent precedent-setting federal appellate ruling may block future lawsuits over potential environmental violations brought under a controversial whistleblower law known as the False Claims Act (FCA), according to a legal observer.

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Appeals Ruling May Block Future Environmental False Claims Suits

A recent precedent-setting federal appellate ruling may block future lawsuits over potential environmental violations brought under a controversial whistleblower law known as the False Claims Act (FCA), according to a legal observer. In its decision in United States of America ex rel. Ronald K. Bain v. Georgia Gulf Corp., the U.S.

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RULING PROMPTS LOBBYING FOR LIMITING WATER ACT CITIZEN SUIT PROVISIONS

Wastewater and municipal groups are asking Congress to narrow the conditions for filing citizen suits under the Clean Water Act (CWA) to stem the potential widespread impact of a landmark California ruling that requires facilities to obtain clean water permits for discharges to waterbodies with only groundwater connections to navigable waters, sources say.

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ACTIVISTS' DROP BID TO EXTEND WATER PERMIT RULES TO 'AESTHETIC' CONCERNS

An environmental group's decision to drop its appeal of a key case that could have significantly expanded EPA's Clean Water Act (CWA) authority by requiring dischargers to obtain permits for aesthetic concerns -- such as noise or odor -- will make similar citizens' suits unlikely, industry sources say.

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APPEALS RULING MAY BLOCK FUTURE ENVIRONMENTAL FALSE CLAIMS SUITS

A recent precedent-setting federal appellate ruling may block future lawsuits over potential environmental violations brought under a controversial whistleblower law known as the False Claims Act (FCA), according to a legal observer.

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RULING PROMPTS LOBBYING FOR LIMITING WATER ACT CITIZEN SUIT PROVISIONS

Wastewater and municipal groups are asking Congress to narrow the conditions for filing citizen suits under the Clean Water Act (CWA) to stem the potential widespread impact of a landmark California ruling that requires facilities to obtain clean water permits for discharges to water bodies with only groundwater connections to navigable waters, sources say.

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California Officials Seek Water Act Revisions To Limit Impact Of Court Ruling

Sewer officials in California are asking Congress to revise the Clean Water Act to narrow the impact of a landmark court ruling in the state that facilities must obtain permits for discharges that indirectly affect navigable water bodies, sources say.

The ruling could significantly expand the number of wastewater treatment facilities that need to obtain discharge permits, which to date have been limited to facilities that release directly to navigable water bodies.

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APPEALS BOARD URGES EXPANDED EPA ACCESS TO DATA FOR SETTING FINES

A recent decision by EPA's Environmental Appeals Board on wetlands penalties may expand the agency's ability to gather information about a defendant's finances when the party claims an inability to pay a fine, according to an attorney familiar with the case.

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HOUSE-BACKED BILL FRAMES DEBATE FOR LIMITING ENVIRONMENTAL LAWSUITS

The House has approved legislation that would establish mandatory penalties for lawyers, including a year suspension from practicing law, who file claims that are later found to be "frivolous," which supporters of the bill say should have a chilling effect on the number of environmental lawsuits. While passage by the Senate this year is unlikely, supporters say the House vote, which was largely along party lines, was intended to frame the debate for the next Congress. Supporters say the legislation could be a top priority for Republicans if they win big in the November elections.

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