The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under the CWA to promulgate TMDLs for biologically impaired waters in...

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states demonstrated a likelihood of success on their claims that the rule was pr...

Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the ruling o...

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory, tha...

A Texas court, ruling on a petition for pre-suit discovery, held that it would have jurisdiction over a major oil corporation's potential lawsuit against several California cities that have filed suit against it relating to climate change. The company's potential claims would allege, among other thi...

A Colorado court, on motions for summary judgment, held that state and federal law preempt portions of a city ordinance concerning the regulation of oil and gas development within its boundaries. The provisions for minimum setbacks prohibit what state regulations would allow. As such, they are preem...

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for six waste streams generated by steam electric power plants: bottom...

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via groundwater. In late 2014, several hundred thousand gallons of gasoline ...

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth. The case arose after the state environmental agency a...