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Oil Spill by the Oil Rig "Deepwater Horizon"
A district court dismissed claims against the manufacturer of the chemical dispersant used in response to the Deepwater Horizon oil spill in the Gulf of Mexico. Cleanup responders and coastal residents filed suit against the manufacturer, claiming they suffered a variety of exposure-related injuries...
Hillside Environmental Loss Prevention, Inc. v. United States Army Corps of Engineers
The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands. Environmental groups argued the Corps inadequately considered alternatives to the selected site unde...
Surfrider Foundation v. California Regional Water Quality Control Board
A California appellate court upheld a regional water board's approval of a NPDES permit to build a desalination facility on the coast of Carlsbad, California. An environmental group argued that the board improperly required the facility to restore wetlands in lieu of implementing site, design and te...
Decision on the Approval for Submittal of a 401 Water Quality Certification to the U.S. Environmental Protection Agency for the Draft 2013 Vessel General Permit and the Draft 2013 Small Vessel General Permit
A Minnesota appellate court held that the state environmental agency did not err in certifying under CWA §401 EPA's proposed NPDES vessel general permit, which allows shipping vessels in Lake Superior to discharge ballast water in state waters. Nonprofit groups argued that the agency applied an inc...
Savannah Riverkeeper v. South Carolina Department of Health and Environmental Control
South Carolina's highest court held that the state's environmental agency violated state law when it negotiated an agreement with the U.S. Army Corps of Engineers and the Georgia Ports Authority before issuing a CWA §401 water quality certificate for a proposed expansion project for Savannah Harbor...
Garland v. Central Valley Regional Water Quality Control Board
A California appellate court upheld a local water board's $250,000 administrative civil liability order issued against a developer for CWA permit violations. The board issued the order after concluding that the developer discharged sediment-laden waters into ephemeral drainages adjacent to a constru...
Friends of the Everglades v. United States Environmental Protection Agency
The Eleventh Circuit held it lacked jurisdiction over several petitions for review of an EPA decision that allows a water district to transfer water from the polluted canals of the Everglades Agricultural Area into Lake Okeechobee without a CWA discharge permit. CWA §509(b)(1)(E) grants original ju...
Rapanos v. United States
The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent to a tributary of traditional navigable waters but separated by a berm, and wetlands lying near ditches...
Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.
A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations. Because the groups filed suit just 11 days after sending the mine its notice of violation, the mine claimed that the groups failed to comply with the 60-day notice requiremen...