Kirsten L. Nathanson

Speeches & Presentations

• "ESA & FIFRA in the Courts - The Implications for US Agriculture," 41st Annual AALA Agricultural Law Education Symposium (November 13, 2020). Speaker: Kirsten L. Nathanson.
• "Managing Environmental Compliance and Exposure to Liability During the Coronavirus Crisis," Crowell & Moring Webinar (April 8, 2020). Presenters: David Chung, Peter Gray, Robert Meyers, Kirsten L. Nathanson, Byron R. Brown, and Paul Freeman.
• "In-House Environmental, Health and Safety Perspective: 'What Keeps Us Up at Night?'" Energy Industry Environmental Law Conference, Houston, TX (May 18, 2018). Moderator: Kirsten L. Nathanson.
• "The Supreme Court, the Emerging Federal Judiciary, and Environmental Jurisprudence," American Bar Association 2018 Spring Conference, Orlando, FL (April 20, 2018). Panelist: Kirsten L. Nathanson.
• "Regime Change and Rollback - Federal Environmental Regulatory Update," 8th Law of Shale Plays Conference, Pittsburgh, PA (September 7, 2017). Presenter: Kirsten L. Nathanson.
• "Regulatory Roundtable - A View from Industry in DC on the Road Ahead in the Trump Administration," Energy & Mineral Law Foundation 38th Annual Institute, Williamsburg, VA (May 22, 2017). Presenter: Kirsten L. Nathanson.
• "What Happens Now at EPA: Assessing the Executive Orders and Upcoming Regulatory Reform," Webinar (April 12, 2017). Moderator: Kirsten Nathanson.
• "Navigating Jurisdictional Determinations Under the Clean Water Act: Impact of U.S. Army Corps of Engineers v. Hawkes," Webinar (September 29, 2016). Presenter: Kirsten L. Nathanson.
• "Justiciability: Barriers to Administrative and Judicial Review," Special Institute on Challenging and Defending Federal Natural Resource Agency Decisions, Westminster, CO (September 14, 2016). Presenter: Kirsten L. Nathanson.
• "Supreme Court Roundup: Air, Water, Land, and Electricity," ABA SEER 45th Spring Conference, Austin, TX (April 1, 2016). Presenter: Kirsten L. Nathanson.
• "CERCLA 2015 Hot Topics: Divisibility, Liability for Air Emissions, and Settlement Issues for Superfund Sites," American Law Institute Webinar (December 17, 2015). Presenter: Kirsten L. Nathanson.
• "Something in the Air - Federal Environmental Regulation & Its Impact on Upstream and Midstream Operations," 6th Law of Shale Plays Conference, Pittsburgh, PA (September 11, 2015). Presenter: Kirsten Nathanson.
• "Supreme Court Wrap-Up: Energy and Environmental Issues in the 2014-2015 Term," Law & Economics Center, Washington, D.C. (July 8, 2015). Panelist: Kirsten L. Nathanson.
• "Waste Information Exchange," A&WMA/EPA Colloquium, Washington, D.C. (May 14, 2015). Presenter: Kirsten L. Nathanson.
• "Energy Litigation Trends," Women's Energy Network Conference 2015, New Orleans, LA (April 9, 2015). Panelist: Kirsten L. Nathanson.
• "Defending Against Citizen Suits Under Environmental Laws Navigating Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA and CAA," Strafford Webinar (January 6, 2015). Speaker: Kirsten L. Nathanson.
• "Supreme Court Preview: Energy and Environmental Issues in the 2014-2015 Term," The Law & Economics Center at George Mason University School of Law Webcast, Washington, D.C. (September 18, 2014). Presenter: Kristen L. Nathanson.
• "Supreme Court Wrap-Up: Energy and Environmental Issues in the 2013-2014 Term," The Law & Economics Center at George Mason University School of Law Event (July 1, 2014). Presenter: Kirsten L. Nathanson.
• "Harsh Results, Irrelevant Debate, or Both? The Continuing Evolution of CERCLA Sections 107 and 113 in the Courts," CERCLA Today: Case Law, EPA Activity, Contribution, Allocation and More! (June 3, 2014). Presenter: Kirsten L. Nathanson.
• "Litigation Forecast Webinar: Environmental Regulation and Litigation Risks 2014," Crowell & Moring Webinar (March 4, 2014). Presenters: Susan M. Mathiascheck, Kevin C. Mayer, Kirsten L. Nathanson, and Daniel W. Wolff.
• "The Expanding Role of the United States Supreme Court Regarding Energy and Environmental Disputes," 65th Annual Oil & Gas Law Conference, Houston, TX (February 19-20, 2014). Presenter: Kirsten L. Nathanson.
• "Energy Litigation Update," Energy & Mineral Law Foundation Winter Workshops on Energy Law, Fort Lauderdale, Fl (February 9-11, 2014). Moderator: Kirsten L. Nathanson; Panelists: Chet M. Thompson and Daniel W. Wolff.
• "Cooperative Federalism: Under Assault or In Balance?" ABA Section of Environment, Energy, and Resources 21st Fall Conference (October 11, 2013). Moderator: Kirsten L. Nathanson.
• "Supreme Court Preview: Energy & Environmental Issues in The 2013-2014 Term," George Mason University School of Law - Law & Economics Center (September 18, 2013). Panelist: Kirsten L. Nathanson.
• "2012-2013 Supreme Court Decisions on Natural Resource, Water and Wetlands Law - Everything You Wanted to Know About Natural Resource Precedent: The 2012-2013 Term Supreme Court Decisions that Affect Natural Resource, Water and Wetlands Law," ABA SEER Constitutional Law, Water Quality and Wetlands, and Water Resources Committees Conference Call (July 22, 2013). Panelist: Kirsten L. Nathanson.
• "Summer School: Clean Water," The Environmental Law Institute & D.C. Bar's Environment, Energy and Natural Resources Section Seminar (June 20, 2013). Speaker: Kirsten L. Nathanson.
• "Decker v. NEDC: The Clean Water Act, Agency Deference, and How Recent Court Decisions Affect Your Practice ," ABA Section of Environment, Energy, and Resources (April 17, 2013). Panelist: Kirsten L. Nathanson.
• "Energy Litigation Update," Energy & Mineral Law Foundation Winter Workshops on Energy Law (February 11, 2013). Panelists: Kirsten L. Nathanson, Chet M. Thompson, Daniel W. Wolff, and Thomas (Tim) C. Means.
• "Clean Water Act and Cooperative Federalism," Summit on Federalism and the Future of Fossil Fuels, Convened by General Scott Pruitt, Attorney General of Oklahoma, Oklahoma City, OK (January 16-17, 2013). Speaker: Kirsten L. Nathanson.
• "The Canary in the Coal Mine: Federal Environmental Regulatory Action Against Eastern U.S. Mining as a Harbinger for Natural Resources Development in the West," Rocky Mountain Mineral Law Foundation Annual Institute, Newport Beach, CA (July 21, 2012). Speaker: Kirsten L. Nathanson
• "Forest Management and Watershed Health Technical Symposium: A Retrospective on the Connections Between Responsibility Managed Forest and Clean Water in the 40 Years Since the Passage of the Clean Water Act," (February 17, 2012). Panelist: Kirsten L. Nathanson.
• "The Battle for Clean Water Act Permits for Coal Mining - NMA v. Jackson," Energy & Mineral Law Foundation Winter Workshops on Energy Law, Lago Mar Resort, Fort Lauderdale, FL (February 12-14, 2012). Speaker: Kirsten L. Nathanson.
• "Agency Guidance Documents: How Much Deference are They Due?" 17th Annual Administrative Law Conference (November 9, 2011). Speaker: Kirsten L. Nathanson.
• "AEP v. Connecticut: What Does It Mean and What Is Next?" Kentucky Mineral Law Conference, Energy & Mineral Law Foundation (October 19-21, 2011). Presenter: Kirsten L. Nathanson.
• "Recouping Attorney Fees: Equal Access to Justice Act and other Fee Shifting Statutes," American Farm Bureau Federation, Legal Information and Networking Committee Conference (September 13-14, 2011). Speaker: Kirsten L. Nathanson.
• "Agency Guidance Documents: How Much Deference are They Due?," 121st Summer Meeting of The Virginia Bar Association (July 22, 2011). Speaker: Kirsten L. Nathanson.
• "The Battle for Clean Water Act Permits for Coal Mining – NMA v. Jackson and Related Litigation," Energy & Mineral Law Foundation Winter Workshops on Energy Law (February 2011). Speaker: Kirsten L. Nathanson.
• "Coal Ash -- Beneficial Product, Hazardous Waste, or Both?" EMLF Winter Workshops on Energy Law, Captiva, FL (February 2010). Speaker: Kirsten L. Nathanson.
• "Clean Water Act and Amendments; Other Environmental Regulatory Programs Affecting Coal Mining," EMLF Coal Law Short Course, Morgantown, WV (August 2009). Speaker: Kirsten L. Nathanson.
• "From the Highest Courts," 33rd Mineral Law Conference, Lexington, KY (October 2008). Speaker: Kirsten L. Nathanson.
• "Clean Water Act Compliance and Enforcement -- EPA Targets the Coal Industry," EMLF 29th Annual Institute, Orlando, FL (May 2008). Speaker: Kirsten L. Nathanson.
• "Legal Issues Resolved By, and Remaining After, EPA's NPDES Pesticide Rule," CropLife America Conference on Regulation of Crop Protection Chemicals in the US, Washington DC (April 2008). Speaker: Kirsten L. Nathanson.
• "Biotech Meets Nanotech Down on the Farm -- A Mock Public Hearing to Explore 21st Century Permitting Issues," ABA-SEER Section Fall Meeting, Pittsburgh, PA (September 2007). Speaker: Kirsten L. Nathanson.

Publications

• "How Environmental NGOs Are Targeting Plastic Pollution," Law360 (March 2, 2020). Authors: David Chung, Kirsten L. Nathanson, Byron R. Brown, and Elizabeth B. Dawson.
• "Environmental – Regulatory Rollback—And Pushback," Crowell & Moring's Litigation Forecast 2018 (January 2018). Contributor: Kirsten Nathanson.
• "Environmental Law and Practice in the United States: Overview," Practical Law (October 1, 2017). Authors: David Y. Chung, Warren U. Lehrenbaum, Thomas A. Lorenzen, Kirsten L. Nathanson and Jennifer A. Giblin.
• "Practitioner Insights: Citizen Suit Enforcement—What to Expect and How to Prepare," Bloomberg BNA Daily Environment Report (March 15, 2017). Authors: Kirsten L. Nathanson, David Chung, and Daniel H. Leff.
• "Another Federal Circuit Rejects Clean Air Act Preemption Arguments and Allows State Common Law Tort Suit to Proceed," Energy Law Report (February 2016). Authors: Clifford J. Zatz, Kirsten L. Nathanson, and Derek Hecht.
• "Promoting regional 'consistency'? EPA's proposed Clean Air Act rulemaking in the wake of Summit Petroleum v. EPA," Trends, Vol. 47, No. 3 (January/February 2016). Co-Authors: Kirsten L. Nathanson and David Chung.
• "The Migratory Bird Treaty Act: An Overview," (2015). Co-Authors: Thomas R. Lundquist, John C. Martin, Kirsten L. Nathanson, and Sarah Bordelon.
• "10 Topics For Corporate Counsel To Consider On Coal Ash," Law360 (April 20, 2015). Authors: Kirsten L. Nathanson, Clifford J. Zatz, Jennifer A. Giblin, and Sherrie A. Armstrong.
• "Developments in ESA Citizen Suits and Citizen Enforcement of Wildlife Laws," ABA Section of Environment, Energy, and Resources, Vol. 29, No. 3 (Winter 2015). Co-Authors: Kirsten L. Nathanson, Thomas R. Lundquist, and Sarah Bordelon.
• "Public Nuisance Prohibitions in State Implementation Plans: A Cutting Edge Merger of Citizen Suits and Tort Law," DRI Toxic Torts and Environmental Law Blog (November 19, 2014). Co-Authors: Clifford J. Zatz, Kevin C. Mayer, and Kirsten Nathanson.
• "RCRA Citizen Suits No Longer Option In Regulating Diesel," Law360 (October 10, 2014). Co-Authors: Kirsten L. Nathanson, David Chung, and Sherrie A. Armstrong.
• "Vapor Intrusion Update," DRI Toxic Torts and Environmental Law Blog (October 9, 2014). Co-Authors: Kirsten L. Nathanson, Clifford J. Zatz, and Kevin C. Mayer.
• "Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2014). Contributor.
• "Obtaining an ITP-What You Need to Know," North American Windpower (September 2013). Co-Authors: Clifford J. Zatz, Kirsten L. Nathanson, and Joshua Kaplowitz.
• "Implications of CWA Violations in Waterkeeper V. Hudson," Law360 (February 11, 2013). Co-Authors: Kirsten L. Nathanson and David Chung.
• "Overview of Administrative Agencies," American Law of Mining 2d, Ch. 185 (2013 Update). Co-authors: Kirsten Nathanson, Daniel Wolff & Jesse J. Kirchner.
• "Selected Administrative Procedures and Practice Topics," American Law of Mining 2d, Ch. 186 (2013 Update). Co-authors: Kirsten Nathanson, Daniel Wolff & Jesse J. Kirchner.
• "Natural Gas Update: Federal Developments," Trends, Vol. 44, No. 2 (November/December 2012). Co-Authors: Kirsten L. Nathanson and Sarah Bordelon.
• "The Canary in the Coal Mine: Federal Environmental Regulatory Action Against Eastern U.S. Mining as a Harbinger for Natural Resources Development in the West," Rocky Mountain Mineral Law Foundation, Proceedings of the 58th Annual Rocky Mountain Mineral Law Institute, Ch. 26 (2012). Co-Authors: Kirsten L. Nathanson, David Chung, Christopher Leopold, and Providence Spina.
• "Clean Water Act Permitting for Coal Mining: The Battle over Enhanced Procedures, New Water Quality Standards, and EPA's Role," Mining Committee Newsletter, Vol. 5, No. 1, ABA Section of Environment, Energy, and Resources (January 2011). Co-Authors: Kirsten L. Nathanson and David Chung.
• "Selected Administrative Procedure and Practice Topics," American Law of Mining 2d, Ch. 186 (2009 update). Co-Authors: Tim Means, Kirsten Nathanson and Luke van Houwelingen.
• "Clean Water Act and Amendments; Other Environmental Regulatory Programs Affecting Coal Mining," EMLF Coal Law Short Course, Morgantown, WV (August 2009). Co-Authors: Kirsten L. Nathanson and Alison L. Share.
• "Clean Water Act Compliance and Enforcement: EPA Targets the Coal Industry," Energy & Mineral Law Institute, Vol. 29, Ch. 7 (2008). Co-Authors: Kirsten L. Nathanson and David P. Ross.
• "Overview of Administrative Agencies," American Law of Mining 2d, Ch. 185 (2008 update). Co-Authors: Tim Means and Kirsten Nathanson.
• "EPA Weighs Competing Arguments - And Likely Litigation - On Proposed CAFO Requirements," ABA Agricultural Management Committee Newsletter, Vol. 11, No. 1 (April 2007). Co-Authors: Ellen Steen, Kirsten Nathanson and Jessica Hall.
• "Fallout From TVA v. Whitman: When Do EPA Orders Deny Due Process?" ABA Environmental Enforcement and Crimes Committee Newsletter, Vol. 8, No. 2 (February 2007). Co-Authors: Richard E. Schwartz and Kirsten Nathanson.
• "Waterkeeper Alliance, Inc. v. EPA: A View From The Farm Groups' Perspective," Water Quality and Wetlands Committee Newsletter, Vol. 6, No. 2 (August 2005). Co-Authors: Ellen Steen, Richard E. Schwartz and Kirsten Nathanson.
• "An Uncertain Outlook for General Permitting Under the Clean Water Act NPDES Program," Crowell & Moring Mining Law Monitor, Vol. 22, Issue 1 (Spring 2005). Co-Authors: Rich E. Schwartz, Ellen Steen and Kirsten Nathanson.
• "Federal Court Rejects EPA Reporting Requirement for Metal Mining Waste Rock," ABA Mining Committee Newsletter (June 2003). Author: Kirsten L. Nathanson.
• "ELR News & Analysis: Lessons Learned From the Intersection of CERCLA and Contract Law," 32 ELR 11481-11489 (December 2002). Co-Authors: Ridgway M. Hall, Jr. and Kirsten L. Nathanson.

Client Alerts & Newsletters

• "No, the Supreme Court’s Decision in Atlantic Richfield Co. v. Christian Will Probably Not Open Pandora’s Box, But…," Environment & Natural Resources Law Alert (May 6, 2020). Contacts: Elliott P. Laws, Kirsten L. Nathanson, Jennifer A. Giblin, Peter Gray
• "Environmental Cleanup During A Pandemic – Q&A Summary of EPA’s Guidance," Environment & Natural Resources Law Alert (April 13, 2020). Contacts: Kirsten L. Nathanson, Peter Gray
• "COVID-19 Benchmarking Survey for Trade Associations Survey Results," Environment & Natural Resources Law Alert (March 30, 2020). Contacts: David Chung, Thomas A. Lorenzen, Kirsten L. Nathanson
• "EPA Issues Policy On Conditions For Enforcement Discretion During the Coronavirus Crisis," (March 27, 2020). Contacts: David Chung, Warren Lehrenbaum, Thomas A. Lorenzen, Robert Meyers, Kirsten L. Nathanson, Byron R. Brown, Paul Freeman, Jennifer A. Giblin, Peter Gray, Leland P. Frost
• "COVID-19 Benchmarking Survey for Trade Associations," Trade Associations Alert (March 19, 2020). Contacts: David Chung, Thomas A. Lorenzen, Kirsten L. Nathanson
• "Citizen Suit Alert: Environmental NGOs Set Their Sights on Plastics," Environment & Natural Resources Law Alert (February 11, 2020). Contacts: David Chung, Kirsten L. Nathanson, Byron R. Brown, Elizabeth B. Dawson
• "NEPA Review and Climate Change – Proposed Guidance Aims to Define Federal Agency Duties and Discretion," Environment & Natural Resources Law Alert (July 3, 2019). Contacts: Kirsten L. Nathanson, Daniel W. Wolff, Elizabeth B. Dawson, Matt Gauthier
• "Preemption or Pandora's Box: The Supreme Court Agrees to Review the CERCLA Federal/State Divide," Environment & Natural Resources Law Alert (June 13, 2019). Contacts: Elliott P. Laws, Peter Gray, Kirsten L. Nathanson, Elizabeth B. Dawson, Matt Gauthier
• "NPDES Permits for Indirect Discharges?," Environment & Natural Resources Law Alert (February 26, 2018). Contacts: David Chung, Kirsten L. Nathanson
• "Judicial Branch Continues to Scrutinize the Executive Branch's Deregulatory Agenda," Environment & Natural Resources Law Alert (October 12, 2017). Contacts: Daniel W. Wolff, Kirsten L. Nathanson, Elizabeth B. Dawson
• "Citizen Suit Watch: No End in Sight for Clean Water Act Litigation Involving Discharges to Groundwater," Environment & Natural Resources: Citizen Suit Watch (May 23, 2017). Contacts: David Chung, Kirsten L. Nathanson, Thomas A. Lorenzen, Elizabeth B. Dawson
• "What’s Next for Clean Water Act Jurisdiction: Implications and Options That Flow from the Clean Water Rule Executive Order and EPA-Corps Notice," Environment & Natural Resources Law Alert (March 8, 2017). Contacts: Kirsten L. Nathanson, David Chung, Thomas A. Lorenzen
• "Ryan Zinke Confirmed as Secretary of the Interior After Setting Forth Policy Views Supporting U.S. Resource and Energy Development," Environment & Natural Resources Law Alert (March 1, 2017). Contacts: R. Timothy McCrum, Daniel W. Wolff, Kirsten L. Nathanson, W. Scott Douglas, David Chung, Tyler A. O'Connor
• "Scott Pruitt Confirmed as Administrator of the Environmental Protection Agency," Environment & Natural Resources Law Alert (February 17, 2017). Contacts: Elliott P. Laws, Thomas A. Lorenzen, Robert Meyers, W. Scott Douglas, Kirsten L. Nathanson, R. Timothy McCrum, David Chung, Tyler A. O'Connor
• "CITIZEN SUIT WATCH: Fifth Circuit Rejects District Court Rulings for Defendant in Clean Air Act Citizen Suit and Draws New Lines on “Ongoing” Violations and Civil Penalty Factors," Environment & Natural Resources: Citizen Suit Watch (August 24, 2016). Contacts: Kirsten L. Nathanson, Robert Meyers, David Chung
• "In Victory for Regulated Community, U.S. Supreme Court Allows Review of Clean Water Act Jurisdictional Determinations," Environment & Natural Resources Law Alert (June 9, 2016). Contacts: Kirsten L. Nathanson, Thomas A. Lorenzen, David Chung
• "Another Federal Circuit Rejects Clean Air Act Preemption Arguments and Allows State Common Law Tort Suit to Proceed," Environment & Natural Resources Law Alert (November 11, 2015). Contacts: Clifford J. Zatz, Kirsten L. Nathanson
• "EPA's Coal Ash Rule Effective Today," Environment & Natural Resources Law Alert (October 19, 2015). Contacts: Kirsten L. Nathanson, Clifford J. Zatz, Jennifer A. Giblin, Sherrie Armstrong Davis
• "Sixth Circuit Stays WOTUS Rule Nationwide," Environment & Natural Resources Law Alert (October 9, 2015). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "North Dakota Court Issues Eleventh Hour Halt to Besieged WOTUS Rule," Environment & Natural Resources Law Alert (August 28, 2015). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "Fish and Wildlife Service To Consider New Incidental Take Authorization Under Migratory Bird Treaty Act," Environment & Natural Resources Law Alert (July 15, 2015). Contact: Kirsten L. Nathanson
• "Breathing New Life Into Vapor Intrusion Concerns: EPA Issues Long-Awaited Final Guidelines," Environment & Natural Resources Law Alert (June 29, 2015). Contacts: Kirsten L. Nathanson, Jennifer A. Giblin, Carolyn W. Wagner
• "EPA's Coal Ash Rule: New Risks and 10 Key Points for Corporate Counsel," Environment & Natural Resources Law Alert (April 17, 2015). Contacts: Kirsten L. Nathanson, Clifford J. Zatz, Jennifer A. Giblin, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: District Court Rejects Wildlife-Related Challenges to a Section 404 Permit in Wind Farm Dispute," Environment & Natural Resources: Citizen Suit Watch (March 18, 2015). Contact: Kirsten L. Nathanson
• "EPA's Proposed Budget – Five Key Signals for Industry on EPA's Priorities," Environment & Natural Resources Law Alert (February 18, 2015). Contacts: Elliott P. Laws, Kirsten L. Nathanson
• "EPA's Proposed WOTUS Rule – What Industry Needs to Know (VIDEO)," Environment & Natural Resources Law Alert (February 4, 2015). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Prevailing Defendants Forego $6.4 Million Attorney’s Fees Award In Broad Clean Air Act Citizen Suit Settlement," Environment & Natural Resources Law Alert (December 23, 2014). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: Ninth Circuit Precludes RCRA Citizen Suit Challenges to Diesel Emissions," Environment & Natural Resources: Citizen Suit Watch (September 23, 2014). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "Federal District Court Finds Clean Water Act Violations Based on Elevated Levels of 'Conductivity'," Environment & Natural Resources Law Alert (July 1, 2014). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "BLM Poised To Announce Rulemaking On Capturing Methane from Federal Leases," Environment & Natural Resources Law Alert (April 28, 2014). Contacts: Daniel W. Wolff, Kirsten L. Nathanson, Sherrie Armstrong Davis
• "Environmental Justice Alert: EPA Achieves Multi-Million Dollar Clean Air Settlement in Environmental Justice Showcase Community," Environment & Natural Resources Law Alert (April 24, 2014). Contacts: Elliott P. Laws, Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "Citizen Suit Watch Update: Ninth Circuit Denies Rehearing in Washington Environmental Council v. Bellon," Environment & Natural Resources: Citizen Suit Watch (March 5, 2014). Contact: Kirsten L. Nathanson
• "Citizen Suit Watch: Buyer Beware: Purchasing Property That Has Once Been Mined Could Cost You A Clean Water Act Citizen Suit," Environment & Natural Resources Law Alert (December 23, 2013). Contacts: Kirsten L. Nathanson, Sherrie Armstrong Davis
• "Citizen Suit Watch: Eleventh Circuit Rejects Novel Clean Water Act Citizen Suit on Notice Grounds," Environment & Natural Resources Law Alert (December 19, 2013). Contacts: Kirsten L. Nathanson, David Chung
• "Citizen Suit Watch: Ninth Circuit Rejects Suit Demanding Greenhouse Gas Regulations Based on Lack of Standing (But Rehearing May Be Next)," Environment & Natural Resources Law Alert (November 6, 2013). Contact: Kirsten L. Nathanson
• "Due Process Challenge to Presidential Order Prohibiting Energy Transaction Dismissed," Environment & Natural Resources Law Alert (October 30, 2013). Contacts: Kirsten L. Nathanson, Diana A. Jeschke
• "Clean Air Act Does Not Preempt Property Owners' State Law Tort Claims, Says Third Circuit in Case of First Impression," Environment & Natural Resources Law Alert (September 23, 2013). Contacts: Clifford J. Zatz, Kirsten L. Nathanson
• "Citizen Suit Watch: Third Circuit Allows Defendants to Employ Rule 68 Offers Of Judgment To Resolve Attorneys' Fee Disputes," Environment & Natural Resources Law Alert (July 29, 2013). Contacts: Kirsten L. Nathanson, Sherrie Armstrong Davis
• "Citizen Suit Watch: District Court Allows RCRA Endangerment Suit to Proceed Against Farms That Apply Manure to Fields," Environment & Natural Resources Law Alert (July 24, 2013). Contact: Kirsten L. Nathanson
• "Citizen Suit Watch: Ninth Circuit Rejects 'Sue and Settle' Consent Decree," Environment & Natural Resources Law Alert (June 12, 2013). Contacts: Kirsten L. Nathanson, Sherrie Armstrong Davis
• "Citizen Suit Watch – Stormwater Report: Supreme Court Holds That Stormwater Discharges From Logging Roads Do Not Require Clean Water Act Permits; Federal District Court Rejects a Similar Stormwater Citizen Suit Against A Utility," Environment & Natural Resources Law Alert (April 26, 2013). Contacts: Kirsten L. Nathanson, David Chung
• ""Big Brown" Citizen Suit Survives Motion to Dismiss," Environment & Natural Resources Law Alert (March 5, 2013). Contacts: Kirsten L. Nathanson, Sherrie Armstrong Davis
• "Federal Court Dismisses Surface Coal Mining Citizen Suit," Environment & Natural Resources Law Alert (January 24, 2013). Contacts: Kirsten L. Nathanson, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: Federal District Court Grants Victory to Farmer and Poultry Integrator After Bench Trial in Clean Water Act Citizen Suit," Environment & Natural Resources Law Alert (January 9, 2013). Contacts: David Chung, Kirsten L. Nathanson
• "CITIZEN SUIT WATCH: Federal District Court Opens the Door to Clean Water Act Regulation of Agricultural Tile Drainage Systems," Environment & Natural Resources Law Alert (October 12, 2012). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: Federal Court Rejects Citizen Suit Against EPA for Alleged Role in RINs Fraud," Environment & Natural Resources Law Alert (September 24, 2012). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "Federal Court Rejects EPA Attempts to Regulate Eastern U.S. Coal Mining and Sets Aside EPA Final Guidance," Environment & Natural Resources Law Alert (July 31, 2012). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: Court Rejects RCRA Citizen Suit Over Diesel Emissions at Railyards," Environment & Natural Resources Law Alert (July 26, 2012). Contacts: Kirsten L. Nathanson, David Chung, Sherrie Armstrong Davis
• "CITIZEN SUIT WATCH: Sixth Circuit Holds That Citizen Plaintiffs Cannot Sue State Officials For Failing To Enforce Federal Clean Air Act Regulations," Environment & Natural Resources Law Alert (June 26, 2012). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: U.S. Supreme Court Agrees to Review Ninth Circuit Decision Requiring Clean Water Act Permits for Forest Roads," Environment & Natural Resources Law Alert (June 25, 2012). Contacts: Clifton S. Elgarten, Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Fifth Circuit Precludes Clean Water Act Citizen Suits To Enforce Section 404 Permit Conditions," Environment & Natural Resources Law Alert (June 5, 2012). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Fifth Circuit Reverses Dismissal of Citizen Suit Based on Pre-Existing Consent Decree," Environment & Natural Resources Law Alert (May 11, 2012). Contacts: Kirsten L. Nathanson, David Chung
• "Supreme Court Allows Pre-Enforcement Jurisdictional Challenges To EPA Compliance Orders - Applicability Beyond the Clean Water Act Is Unclear," Environment & Natural Resources Law Alert (March 29, 2012). Contact: Kirsten L. Nathanson
• "Citizen Suit Watch: Federal Court Demands EPA Review of Nonpoint Source Regulations As Part of Water Quality Standard Review," Environment & Natural Resources Law Alert (March 27, 2012). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Supreme Court of Illinois Rejects Attack on Mining Permit Reclamation Plan," Environment & Natural Resources Law Alert (February 21, 2012). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Tenth Circuit Rejects Article III Standing For Local District Attorney in Multi-Party Clean Water Act Citizen Suit," Environment & Natural Resources Law Alert (November 9, 2011). Contact: Kirsten L. Nathanson
• "CITIZEN SUIT WATCH: Third Circuit Reverses Lower Court's Dismissal of Citizen Suit on Abstention Grounds," Environment & Natural Resources Law Alert (October 25, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "Crowell & Moring Files Amicus Brief In Support of Cert Petitions Seeking Review of the Ninth Circuit's Ruling on Clean Water Act Permitting for Forest Roads," Environment & Natural Resources Law Alert (October 21, 2011). Contacts: Clifton S. Elgarten, Kirsten L. Nathanson, David Chung
• "Federal Court Rejects EPA Overreaching Into Clean Water Act Section 404 Permitting in Victory for Crowell & Moring Client National Mining Association," Environment & Natural Resources Law Alert (October 11, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Court Invalidates Arizona Legislation That Eliminated Funding Mechanism For A Clean Air Act State Implementation Plan," Environment & Natural Resources Law Alert (September 28, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Second Circuit Demands Listing of Specific Contaminants to Satisfy Notice Requirements for RCRA Citizen Suits," Environment & Natural Resources Law Alert (August 8, 2011). Contact: Kirsten L. Nathanson
• "CITIZEN SUIT WATCH: Tenth Circuit Adopts Broad View of Issue Preclusion and Parens Patriae in Affirming Dismissal of Clean Air Act Citizen Suit," Environment & Natural Resources Law Alert (July 15, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Court Dismisses a Master Complaint in the Deepwater Horizon Multi-District Litigation," Environment & Natural Resources Law Alert (July 14, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: District Court to Enjoin Use of Pesticide Pending Completion of Endangered Species Act Consultation," Environment & Natural Resources Law Alert (July 1, 2011). Contact: Kirsten L. Nathanson
• "CITIZEN SUIT WATCH: Ninth Circuit Rejects CERCLA Citizen Suit Jurisdiction Over Pursuit of UAO Penalties," Environment & Natural Resources Law Alert (June 24, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: Recent District Court Decisions Illustrate Reach of Diligent Prosecution Defense For Post-Consent Decree Citizen Suits," Environment & Natural Resources: Citizen Suit Watch (June 10, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "State of New York Files Suit Against Federal Agencies Seeking Environmental Review of Natural Gas Development in the Delaware River Basin," Environment & Natural Resources Law Alert (June 2, 2011). Contacts: R. Timothy McCrum, Kirsten L. Nathanson, Daniel W. Wolff
• "CITIZEN SUIT WATCH: Ninth Circuit Asserts Citizen Suit Jurisdiction Over Challenge To Longstanding Regulation And Reaffirms Clean Water Act Permitting Requirements For Forest Roads," Environment & Natural Resources Law Alert (May 31, 2011). Contacts: Kirsten L. Nathanson, David Chung
• "CITIZEN SUIT WATCH: State Enforcement Does Not Bar RCRA Citizen Suit, As Seventh Circuit Narrowly Construes Federal Abstention," Environment & Natural Resources Law Alert (May 16, 2011). Contacts: David Chung, Kirsten L. Nathanson
• "Mining Law Monitor - Volume 25, Issue 1 - (Summer 2009)," Mining Law Monitor (August 1, 2009). Contact: Kirsten L. Nathanson
• "Supreme Court Reverses the Ninth Circuit and Restores Order to Clean Water Act Permitting, Rejecting Reallocation of Permitting Authority Over Discharges of "Fill Material" from Corps of Engineers to EPA," Environment & Natural Resources Law Alert (June 22, 2009). Contacts: Kirsten L. Nathanson, Luke van Houwelingen
• "U.S. Supreme Court Issues Significant Reversal in Key CERCLA Case, Narrowing Scope of "Arranger" Liability and Upholding Apportionment Principles," Environment & Natural Resources Law Alert (May 4, 2009). Contacts: Kirsten L. Nathanson, Daniel W. Wolff
• "Mining Law Monitor - Volume 24, Issue 1 - (Summer 2008)," Mining Law Monitor (July 21, 2008). Contacts: Kirsten L. Nathanson, Daniel W. Wolff
• "DC Circuit Upholds EPA Consent Agreements With America’s Farms," Environment & Natural Resources Law Alert (December 4, 2007). Contact: Kirsten L. Nathanson
• "Eleventh Circuit Holds Justice Kennedy's "Significant Nexus" Test To Be Governing Rule Of Rapanos," Environment & Natural Resources Law Alert (October 25, 2007). Contact: Kirsten L. Nathanson
• "D.C. Circuit Rejects Challenges to CAFO Air Consent Agreements," CAFO Update (July 17, 2007). Contact: Kirsten L. Nathanson
• "EPA Proposes Revised Clean Water Act Regulations for CAFOs in Response to Waterkeeper Decision," CAFO Update (June 30, 2006). Contact: Kirsten L. Nathanson
• "EPA Issues New Deadlines for CAFO NPDES Permits and NMPs," CAFO Update (February 10, 2006). Contact: Kirsten L. Nathanson
• "Environmental Appeals Board Ratifies First Group of Air Consent Agreements," CAFO Update (January 27, 2006). Contact: Kirsten L. Nathanson
• "CAFO Rulemaking Litigation Enters the Briefing Stage," CAFO Update (November 1, 2003). Contact: Kirsten L. Nathanson

Media Mentions

• 4 Things To Know About The New EPA Chief
  July 9, 2018 — Law360
• Attorneys Expect Supreme Court To Resolve Groundwater Liability Dispute
  April 30, 2018 — Inside EPA
• What's Next for Clean Water Act Jurisdiction: Implications and Options That Flow From the Clean Water Rule Executive Order and EPA-Corps Notice
  March 29, 2017 — Westlaw Journal Environmental
• Challenges To Corps Waters Findings Still A Trickle After Ruling
  — Bloomberg BNA Daily Environmental Report
• Will Justices Review Question of Venue for Water Rule Case?
  October 11, 2016 — Bloomberg BNA
• Attorneys Expect more Challenges to EPA Cleanup Plan Authority
  April 1, 2016 — Bloomberg Law
• 2015 an 'Interesting' Superfund Year, Litigators Say
  December 18, 2015 — Bloomberg BNA
• Courts Less Deferential to Regulatory Agencies, GMU Forum Told
  July 8, 2015 — Oil & Gas Journal, Bloomberg BNA
• Supreme Court Could Hear Challenge to EPA Rule on Emissions
  October 2, 2014 — The Indianapolis Star
• EPA High Court Wins Leave Openings For Industry Challenges
  September 18, 2014 — Law360
• High Court's Recent Term Isn't The Green Light EPA Thinks
  July 1, 2014 — Law360
• Major National Companies Try 'Sponsorship' As New Hammer to Break Glass Ceiling
  November 14, 2013 — The Washington Post
• EPA's Selenium Decision Will Transform Coal War
  August 30, 2013 — Law360
• 9th Circ. Stormwater Flip Should Catch High Court's Eye
  August 12, 2013 — Law360
• Judge Buries EPA Mountaintop Mining Guidance
  July 31, 2012 — Law360
• Crowell & Moring Scores for Coal Industry in Suit Against EPA over Mountaintop Removal Mining
  October 7, 2011 — AmLaw Litigation Daily; September 16, 2011 — Environment & Energy News
• Crowell & Moring Client Fights to Build Wind Farm
  October 22, 2009 — The Washington Post

Firm News & Announcements