The Third Circuit affirmed a lower court decision granting summary judgment in favor of the U.S. government and imposing a $250,000 fine against a landowner for filling wetlands on his property without a permit. The court joined the U.S. Courts of Appeals for the First and Eighth Circuits in holding...

A district court held that environmental groups and water associations may intervene in a lawsuit challenging EPA's TMDL for the Chesapeake Bay and its tributaries. The plaintiffs in the lawsuit argued that the TMDL should be vacated because EPA lacked authority under the CWA to issue the TMDL, the ...

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first holds that the district court did not abuse its discretion whe...

The court holds that environmental activists challenging the construction of a golf course in Lake Jackson, Texas, may not bring a Federal Water Pollution Control Act (FWPCA) citizen suit action against the U.S. Army Corps of Engineers or bring Administrative Procedure Act (APA), National Environmen...

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing competent proof that three of the defendant target corporations dispo...

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead refinery. After the plaintiffs filed their FWPCA citizen suit, the U....

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the district court did not abuse its discretion by limiting its revi...

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before issuing a Federal Water Pollution Control Act §404 permit. In issuin...

The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds that the district court has not made an independent judgment in its award of attorney fees. The distric...

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision cannot excuse the city's operation of its water treatment facilit...