Florida Wildlife Federation v. McCarthy
A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard. States retain discretion to enact and to enforce—without EPA’s review and approval...
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged or fill materials into navigable waters, would have no more than minimal environmental effects under NEPA an...
Sierra Club v. McLerran
A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law in determining that a "Regional Toxics Task Force" was a suitable alternative. Environmental groups fil...
Precon Development Corp. v. United States Army Corps of Engineers
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The developer wanted to fill 4.8 acres of wetlands in order to build 10 homes. The wetlands are loca...