The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into surrounding water. Although the permit did not specify effluent limitatio...

A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges. BLM is clearly in violation of the Act, as it failed to obtain an NPDES permit for the di...

A district court denied a swine farm's motion to strike an environmental group's request for a jury trial in their CWA and RCRA citizen suit. The group's citizen suit alleged that the farm illegally dumped swine waste onto surrounding lands and waters in violation of the two statutes. The farm argue...

A district court denied individuals' motion to enjoin the Ohio Department of Agriculture from issuing NPDES permits for concentrated animal feeding operations absent authorization from EPA. The plaintiffs failed to show a likelihood of success on the merits. The Ohio Department of Agriculture does n...