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American Road & Transportation Builders v. Environmental Protection Agency

The D.C. Circuit dismissed a road building association's lawsuit challenging EPA regulations for nonroad engines and vehicles. The regulations pertain to CAA §209(e), which preempts certain state regulation of nonroad engines. The association petitioned EPA to amend those regulations to broaden the...

South Florida Water Management District v. Miccosukee Tribe of Indians

The U.S. Supreme Court holds that the national pollutant discharge elimination system (NPDES) permit program applies not only to point sources that generate pollutants, but also to point sources that transfer pollutants originating elsewhere. The definition of a point source as a "conveyance" in Cle...

Waterkeeper Alliance v. Hudson

A district court dismissed an environmental group's CWA action against a poultry farm claiming that it illegally discharged chicken litter into tributaries of the Chesapeake Bay. The group claimed that chicken litter, which is alleged to contain various pollutants, was discharged without a permit fr...

Virginia Department of Transportation v. EPA

A district court held that EPA cannot regulate stormwater as a pollutant under the CWA. According to the court, the language of CWA §303(d)(1)(C) is clear. EPA may set TMDLs to regulate pollutants, and pollutants are carefully defined. Because stormwater runoff is not a pollutant under the Act, EPA...

Natural Resources Defense Council v. EPA

The D.C. Circuit ordered EPA to repromulgate two final rules it issued under the CAA concerning the implementation of the NAAQS for fine particulate matter (PM). Environmental groups challenged EPA's decision to issue the rules pursuant to the general implementation provisions of Subpart 1 of Part D...