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Foster v. United States Environmental Protection Agency
A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the property, the owners discharged dredge and fill materials into water...
Chevron U.S.A. Inc. v. Apex Oil Co.
A district court granted in part motions to dismiss an oil company's OPA, Pipeline Safety Act, and Maryland state-law claims against the alleged owners and operators of an underground pipeline in southeast Baltimore. The company filed suit to recover damages it incurred due to a pipeline leak. All o...
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
A district court upheld the U.S. Army Corps of Engineers' decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. Despite environmental groups' arguments to the contrary, the Corps' issuance of NWP 21 was neither arbi...
Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC
A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant. The groups alleged that the company unlawfully discharged pollutants through engineered seeps, non-engineered seeps, an...