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In re Methyl Tertiary Butyl Ether Products Liability Litigation

A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be dismis...

Sierra Club, Inc. v. St. Johns River Water Management District

A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over claims that the defendants have taken actions to use and develop t...

Walther v. United States

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad project. The owner claimed that despite the fact that his miti...

Ward Gulfport Properties, L.P. v. Mississippi State Highway Comm'n

The Mississippi Supreme Court reversed and remanded a lower court decision that the state's transportation agency did not effect a categorical or regulatory taking when it pledged approximately 1,300 acres of a developer's property for wetlands mitigation as part of its application for a dredge and ...

Foster v. United States Environmental Protection Agency

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the property, the owners discharged dredge and fill materials into water...

Chevron U.S.A. Inc. v. Apex Oil Co.

A district court granted in part motions to dismiss an oil company's OPA, Pipeline Safety Act, and Maryland state-law claims against the alleged owners and operators of an underground pipeline in southeast Baltimore. The company filed suit to recover damages it incurred due to a pipeline leak. All o...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

A district court upheld the U.S. Army Corps of Engineers' decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. Despite environmental groups' arguments to the contrary, the Corps' issuance of NWP 21 was neither arbi...

Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC

A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant. The groups alleged that the company unlawfully discharged pollutants through engineered seeps, non-engineered seeps, an...

Puget Soundkeeper Alliance v. Ranier Petroleum Corp.

A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations. The company's stormwater discharges exceeded the benchmarks for zinc and copper, the company failed to monitor...