9th Circ. Waters Ruling Shows Sackett’s Ripple Effect: Jake Lubarsky Publishes Law360 Expert Analysis

Rogers Joseph O’Donnell PC shareholder Jake Lubarsky published an Expert Analysis in Law360 that examines the impact of the Ninth Circuit’s decision in Inland Empire Waterkeeper v. Corona Clay Co. on citizen suits in California. 

The article, “9th Circ. Waters Ruling Shows Sackett’s Ripple Effects,” explains that the Ninth Circuit’s decision in Inland Empire Waterkeeper v. Corona Clay Co. reversed the denial of a new trial in an eight-year Clean Water Act citizen suit. The reason was Sackett v. EPA, which narrowed the definition of “waters of the U.S.” and made the creek’s federal status an open question. After that ruling, the defendant was allowed to revisit its earlier concession that the creek at the heart of the case is a federal water.

Lubarsky explains why the impact reaches beyond one case. In Southern California, many channels that receive industrial stormwater sit dry for months. Where those waters fall outside federal reach, enforcement shifts to state regulators. However, California offers no comparable right for private parties to sue like the citizen-suit provision in Section 505 of the federal Clean Water Act provides. In the article, Lubarsky shares practical takeaways for both plaintiffs and defendants.

Lubarsky is co-chair of RJO’s Environmental Law Practice Group and a member of the Retail Industry Trade Regulation Practice Group. He is a seasoned regulatory, corporate advisory and litigation attorney focusing on regulatory compliance, environmental due diligence, environmental law, retail trade law, land use law and general litigation. Lubarsky has extensive experience in all facets of environmental and complex civil litigation matters and represents clients in matters arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), the Endangered Species Act, Washington’s Model Toxics Control Act, California’s Proposition 65 and the California Environmental Quality Act. He is admitted to practice in California, Vermont and Washington. 

Read the full Law360 article here.