The Fourth Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a poultry farmer's lawsuit against EPA. In that case, the farmer seeks a declaratory judgment that farmyard stormwater runoff is statutorily exempt from regulation as an agricultural stormwater...
A district court upheld a CWA §404 permit issued by the U.S. Army Corps of Engineers for the construction of a large marine transfer station near the upper east side of New York City. A group of residents filed suit challenging the permit, claiming that the Corps' issuance of the permit was arbitra...
The Ninth Circuit upheld EPA's approval of Nevada's SIP for regional haze. In the SIP, Nevada provided reasonable progress goals for attaining natural visibility conditions at the Jarbridge Wilderness Area in remote northeastern Nevada, the state’s only Class I federal area. The SIP further requir...
The First Circuit vacated and remanded a lower court decision dismissing environmental groups' CWA claims against the operators of four hydroelectric dams along the Kennebec River. The groups alleged that the operators are in violation of their water quality certifications, and thus the CWA, because...
The D.C. Circuit upheld a $72 million judgment against an automobile manufacturer for violating a consent decree requiring certain model year 2005 engines to comply with EPA’s model-year 2006 nitrogen oxide (NOx) emissions standard. In 1998, EPA alleged that several major engine manufacturers viol...