A district court held that conservation groups lacked standing to challenge the U.S. Army Corps of Engineers’ decision to reissue a nationwide permit (NWP 13) authorizing the discharge of dredged and fill material to construct bank stabilization projects. The groups alleged that the Corps reissued...

An Illinois appellate court held that the Illinois Pollution Control Board erred when it upheld the state environmental agency's decision to reissue NPDES permits for three large water reclamation plants in the Chicago area. Petitioners argued that the permits fail to include conditions ensuring tha...

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...

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 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...