The Sixth Circuit held that it has jurisdiction to hear numerous lawsuits challenging EPA's and the U.S. Army Corps of Engineers' "waters of the United States" (WOTUS) rule. The rule went into effect on August 28, 2015, but on October 9, 2015, the court issued a nationwide stay of the rule pending f...

The Washington Supreme Court held that a local initiative to create a "Community Bill of Rights" which, among other things, would give the Spokane River its own water rights, including the rights to sustainable recharge, sufficient flows to support native fish, and clean water, may not be placed on ...

A district court held that environmental groups lacked standing to challenge EPA's decision not to object to a draft water discharge permit that Arkansas' environmental agency issued to a pulp and paper company under the state's CWA NPDES permit program. The groups sought an order declaring that the...

A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against the Alabama Department of Transportation, the U.S. Army Corps of Engineers, and the Federal Highway Administration in connection with a proposed six-lane, 50-mile highway project north of Birmingham, Alabam...

The Pennsylvania Supreme Court held that a natural gas company charged with violating the state's Clean Streams Law may seek preenforcement judicial review of the state environmental agency's interpretation of the statute's penalty provisions. The agency, which has assessed ongoing, multimillion dol...

The Sixth Circuit dismissed individuals' CWA citizen suit against the Ohio Department of Agriculture (ODA) for issuing NPDES permits for animal feeding operations without first obtaining approval from EPA. States must notify EPA if they intend to transfer authority over part of the EPA-approved stat...

The Eleventh Circuit denied environmental groups' lawsuit challenging EPA's interim decision not to revoke Alabama's NPDES permitting authority. Alleging 26 program deficiencies, the groups petitioned EPA to begin proceedings to withdraw Alabama's authority to administer the NPDES program. EPA issue...

A district court granted in part and denied in part cross-motions for summary judgment in a CWA citizen suit alleging a cruise ship terminal and port discharged industrial stormwater runoff and other pollutants into U.S. waters without a NPDES permit. The environmental group that initiated the lawsu...

A district court held a petroleum company liable for $159.5 million in civil penalties under the CWA in connection with the 2010 Deepwater Horizon disaster. The court applied each of the CWA’s eight civil penalty factors in reaching its conclusion, with "seriousness" and "culpability" being the mo...

In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform maintenance and repairs on a stream, pond, and dam located partially on their property. The city is a small municipal separat...