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Maryland v. Environmental Protection Agency

The D.C. Circuit granted in part and denied in part Delaware's and Maryland's challenges to EPA's denial of their CAA §126(b) petitions requesting that the Agency impose additional limitations on certain upwind sources contributing to the states' nonattainment of ozone NAAQS. Maryland's petition ar...

Jumping Through Hoopa: Complicating the Clean Water Act for the States

Section 401 certification and permit conditioning under the Clean Water Act is one of the most significant tools for states to influence federally permitted activities involving discharges into navigable waters. However, states are required to set conditions within one year or they forgo their ability to do so. In practice, the one-year review is difficult for states to meet and led to a common practice known as “withdraw and resubmit” in which states could reset the clock. But in Hoopa Valley Tribe v. Federal Energy Regulatory Comm’n, the D.C.

PPG Industries Inc. v. United States

The Third Circuit affirmed a district court ruling that the U.S. government was not liable to a coatings company for cleanup costs at a chromite ore processing plant with which it was involved during World War I and World War II. The district court concluded the government was not subject to operato...

Delaware Riverkeeper Network v. Sunoco Pipeline L.P.

A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company violated the CWA by failing to obtain an NPDES permit for its stormwater discharges after construction began...

Bristol Bay Economic Development Corp. v. Hladick

A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued the decision was arbitrary and capricious, in violation of the APA. EPA argued the exercise of its authority u...

Louisiana Environmental Action Network v. Environmental Protection Agency

The D.C. Circuit granted a petition to review EPA's 2017 rule revising its emission standard for hazardous air pollutants (HAPs) emitted from pulp mill combustion sources. Environmental groups argued that EPA was required under §112(d)(6) of the CAA to consider the adequacy of the standard to contr...

Sierra Club v. Wheeler

The D.C. Circuit affirmed dismissal of an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary d...

Atlantic Richfield Co. v. Christian

The U.S. Supreme Court affirmed in part and vacated in part the Montana high court's ruling in a lawsuit concerning cleanup actions across a 300-square-mile Superfund site in Butte. Landowners whose properties are located within the site brought trespass, nuisance, and strict liability claims under ...

Maui, Hawaii v. Hawaii Wildlife Fund

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged into the Pacific Ocean meets this standard. Environmental groups ar...

Compliance Models for Off-Grid Wastewater Treatment and Reuse

Throughout the world, people struggle to gain access to stable sources of clean water. While there are increasingly innovative solutions being developed, many communities simply do not have access to efficient, centralized wastewater management systems, and as a result, face difficulty finding reliable sources of water for daily use. There is a great need to implement novel systems that can fill the gap, especially for isolated or “off-grid” communities.