Alt v. United States Environmental Protection Agency
A district court denied EPA's motion to dismiss a poultry farmer's lawsuit against the Agency seeking a declaratory judgment that farmyard stormwater runoff is statutorily exempt from regulation as an agricultural stormwater discharge. In 2011, EPA issued a compliance order to the farmer requiring h...
Defenders of Wildlife v. Perciasepe
The D.C. Circuit upheld a consent decree that established a schedule for EPA to initiate notice-and-comment rulemaking and make a formal decision whether to promulgate a new rule revising certain effluent limitations and effluent limitations guidelines under the CWA. Below, an association of energy ...
Kentucky Riverkeeper, Inc. v. Rowlette
The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States. An environmental group challenged the permit, alleging that the cumulative-impa...