A district court held that a railroad company that operates a railroad-transportation facility in Seattle, Washington, violated the terms of its NDPES permit in violation of CWA §402 and discharged pollutants into U.S. waters in violation of CWA §301. The court granted in part an environmental...

A district court held that environmental groups are entitled to injunctive relief and civil penalties in their CWA citizen suit against a coal company for violating the water quality standards for selenium set forth in its permit. Although an enforcement action was already ongoing in state court...

A district court enjoined the U.S. Army Corps of Engineers from continuing with its Industrial Canal Lock Replacement Project in New Orleans until it complies with NEPA and the CWA. The canal is a manmade waterway that provides access from Lake Pontchartrain and the Gulf Intercoastal Waterway to...

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas. Because Okla...

A California appellate court reversed a lower court decision denying a gasoline station owner's petition challenging the validity of $1,148,200 in civil penalties imposed against him by a county for underground gasoline storage tanks violations. The county issued an enforcement order to the owne...

A California appellate court held that a county complied with the California Environmental Quality Act (CEQA) prior to approving the development of a large beverage distribution facility project. The plaintiff argued that the county failed to give the regional air quality district proper notice ...

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park. Environmental groups challenged the project under NEPA, the Department of Transportation Act, the Wild and Scenic Rive...

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities. The groups alleged CWA, N...

A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an industrial plant formerly operated by the company. The court properly d...

A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state to the Canadian border for use in tar sand and mining production in Alberta. The agency conducted an EA u...