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Puget Soundkeeper Alliance v. Cruise Terminals of America LLC
A district court granted in part and denied in part cross-motions for summary judgment in a CWA citizen suit alleging a cruise ship terminal and port discharged industrial stormwater runoff and other pollutants into U.S. waters without a NPDES permit. The environmental group that initiated the lawsu...
Oil Spill by the Oil Rig "Deepwater Horizon"
A district court held a petroleum company liable for $159.5 million in civil penalties under the CWA in connection with the 2010 Deepwater Horizon disaster. The court applied each of the CWA’s eight civil penalty factors in reaching its conclusion, with "seriousness" and "culpability" being the mo...
Western Minnesota Municipal Power Agency v. Federal Energy Regulatory Commission
The D.C. Circuit held that FERC violated the Federal Power Act (FPA) when it issued a preliminary permit for a hydroelectric project in Polk County, Iowa, to a private developer. The case involved FERC's interpretation of FPA §7(a), which grants preferential treatment to state and municipal applica...