Sackett v. U.S. Environmental Protection Agency
The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them to remove fill and restore the property to its natural state. The appellate court concluded that EPA rea...
Earth Island Institute v. Regan
A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals...
South Carolina Coastal Conservation League v. United States Environmental Protection Agency
A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule., full_html...
Northwest Environmental Advocates v. United States Environmental Protection Agency
A district court granted partial summary judgment for environmental groups in a CWA citizen suit concerning water quality standards for mercury in Idaho. The groups argued that EPA's failure to promptly publish and promulgate mercury standards after disapproving Idaho's revision of those standards v...
Hawai'i Wildlife Fund v. Maui, County of
A district court granted summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater reclamation facility near the Pacific Ocean. The groups argued the county violated the CWA by failing to obtain an NPDES permit f...
Clean Wisconsin, Inc. v. Wisconsin Department of Natural Resources
The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin Pollutant Discharge Elimination System (WPDES) permit it reissued to ...