The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit. The group argued that DOI violated §8 of the Reclamation Ac...

A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit against the company has standing, and it satisfied the statutes' 60-day notice requirements for citizen suits...

A Texas appellate court affirmed a lower court decision that commercial pecan growers suffered a regulatory taking when the Edwards Aquifer Authority—a water reclamation district—denied the growers' request for a water permit for one of their pecan orchards and granted a limited permit for a sec...

The Supreme Court of Washington upheld an administrative order the state environmental agency issued to a farmer, directing him to take several steps to curb pollution of a creek that runs through his property. A lower court invalidated the order, ruling that it was unsupported by substantial eviden...

The Seventh Circuit reversed a lower court decision finding a Wisconsin mine operator liable under the CWA for discharging copper into navigable waters without a permit. The CWA's permit shield provision provides that if a NPDES permit holder discharges pollutants in accordance with the terms of its...