The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its unlined coal ash ponds into groundwater that is hydrologically conne...

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding groundwater, which in turn contaminated a nearby lake, in violation ...

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly stating that the Clean Water Rule was enjoined in Iowa following t...

The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's landfill and settling ponds qualified as point sources from which ars...

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources attempting to determine how the U.S. Army Corps of Engineers wi...

The Third Circuit denied review of the Pennsylvania Department of Environmental Protection's decision to grant a CWA §401 certification for a natural gas pipeline project. Environmental groups argued that the department acted arbitrarily and capriciously by issuing a §401 certification that was im...