Clean Water Act Citizen Suits: Defense Litigation and Settlement Strategies After Maui Decision

This CLE course will guide counsel on procedural and strategic challenges in defending citizen suits under the Clean Water Act (CWA). The panel will explain recent case law developments that impact citizen suits and provide strategies to manage your clients' expectations and risks when facing citizen suits, including innovative approaches for the cost-effective settlement of claims.

The panel will review these and other key issues:

  • Court-tested litigation defense tactics to prevail on notice and standing in CWA citizen suits
  • Effective jurisdictional arguments relying on and differentiating between recent EPA actions and court rulings
  • Preemption of CWA citizen suits through state or federal agency settlements
  • How the CWA handles groundwater/surface water interaction
  • Effective settlement strategies


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