A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation wrested by normal stream flow or wave action. The case arose after environmental groups challenged a buff...

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose selenium limitations, but it does incorporate by reference state re...

The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains wetlands subject to regulation under the CWA. The lower court ruled that the JD is not a “final agency action” an...

The South Carolina Supreme Court held that the operator of a low-level radioactive waste disposal facility failed to comply with state groundwater protection regulations and must therefore submit a written plan for compliance or face potential revocation of its operating license. The operator first ...

A district court held that a group of residents may go forward with their state tort law claims against a Kentucky power plant. The residents alleged that the plant emits dust and coal ash into the air and onto their homes and properties several times a month. According to the residents, not only ar...

A district court held that EPA failed to set emissions standards for hazardous air pollutants under CAA §112(c)(6) in violation of prior court orders. In 2006 and 2011, the court ordered EPA to take action by a date certain to ensure its compliance with §112(c)(6), in a manner reviewable by the co...