A California appellate court upheld a local water board's $250,000 administrative civil liability order issued against a developer for CWA permit violations. The board issued the order after concluding that the developer discharged sediment-laden waters into ephemeral drainages adjacent to a constru...

The Eleventh Circuit held it lacked jurisdiction over several petitions for review of an EPA decision that allows a water district to transfer water from the polluted canals of the Everglades Agricultural Area into Lake Okeechobee without a CWA discharge permit. CWA §509(b)(1)(E) grants original ju...

The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent to a tributary of traditional navigable waters but separated by a berm, and wetlands lying near ditches...

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not required to refer the law to the county planning board prior to...

A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations. Because the groups filed suit just 11 days after sending the mine its notice of violation, the mine claimed that the groups failed to comply with the 60-day notice requiremen...

A district court dismissed a lawsuit filed by the state of New York and several environmental groups challenging the federal government's decision not to conduct an environmental review under NEPA while the Delaware River Basin Commission drafts and considers regulations that would allow hydraulic f...