Discharges from Historic Mining Properties: Asserting and Defending Citizen Suits Under the Clean Water Act

Abstract

This chapter discusses available causes of action for and defenses to citizen suits under the Clean Water Act to address mining activities. Section 23.02 examines causes of action available to citizens under the CWA to address mining operations. In particular, it surveys citizen suits aimed at unpermitted mining discharges and against EPA for failing to perform mandatory duties that may impact mining operations. Section 23.03 then reviews some common defenses to CWA citizen suits in the context of mining.

Keywords: mining, mines, clean water act, citizen suits, environmental law, pollution

JEL Classification: K32