The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds. First, they argued that the Corps made "a material factual error" and "misapprehended" the baseline con...

A district court dismissed as time barred environmental groups' CWA and APA claims challenging EPA's list of dispersants and other projects that may be used in the event of an oil spill. The groups asserted that the list, called the NCP Product Schedule, fails to specify the waters or quantities in ...