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Duarte Nursery, Inc. v. United States Army Corps of Engineers
A district court, on motions for summary judgment, held that the owner of a farm violated the CWA when he allowed wetlands on his property to be tilled. The record shows that the farm discharged a pollutant to navigable waters from a point source without a permit. Soil is a pollutant, the wetlands o...
EQT Production Co. v. Wender
A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes a general, countywide ban on all storage of wastewater except for temporary storage of wastewater at drillin...