A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability because selenium was not a pollutant whose discharge was limited u...

The Ninth Circuit held that the U.S. Army Corps of Engineers did not violate the CWA or NEPA when it issued a dredge and fill permit necessary for a mineral sands mining project near Coos Bay, Oregon. An environmental group argued that the Corps should have prepared an EIS, rather than an EA and FON...

A district court held that the U.S. Army Corps of Engineers could exercise jurisdiction under the CWA over wetlands contained in a developer's proposed residential site. The developer had initially asked the court to enter declaratory judgment that the wetlands were not subject to federal jurisdicti...

A district court dismissed environmental groups' lawsuit challenging EPA's "authorization" of pollution trading and offsets outlined in its 2010 TMDL for the Chesapeake Bay. The groups wanted statements about offsets and trading in the Bay TMDL to be declared null and void. But the groups lack stand...

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...

The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that alleges that a discharger violated its permit is subject to the general rule of notice and a 60-day waiting per...

The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in Marquette, Michigan, and to compel the U.S. Army Corps of Engineers to force a federal permitting request. The mining...

The Seventh Circuit held that a town may not assess stormwater management fees on Indian lands located within the town's borders. The town passed an ordinance allowing it to assess fees on all parcels of land in the town, including those owned by the Oneida Nation of Wisconsin, to pay for its stormw...

A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES permit requirement. The case involves a poultry farmer who operate...

A Wisconsin court held that the state environmental agency should have considered impacts on downstream water quality when it issued a state pollutant discharge elimination system permit to an industrial dairy processing plant. An environmental group challenged the permit, arguing that it would allo...