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"Discharge of pollutants" construed

Inland Empire Waterkeeper v. Corona Clay Co.

The Ninth Circuit, 2-1, vacated and remanded a district court ruling in a CWA citizen suit concerning a clay manufacturer's discharges. Environmental groups argued the manufacturer illegally discharged pollutants into navigable waters,...

ONRC Action v. United States Bureau of Reclamation

The Ninth Circuit held that the U.S. Bureau of Reclamation did not violate the CWA by discharging pollutants into the Klamath River without a permit in connection with its management of an irrigation project along the California-Oregon...

Hawai'i Wildlife Fund v. County of Maui

A district court held that a Hawaiian county violated the CWA by discharging effluent without a NPDES permit at two of four injection wells at the Lahaina Wastewater Reclamation Facility. At issue was whether the discharges were from a...

Sierra Club v. BNSF Railway Co.

A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways. At issue was whether coal dust from rail...

Tri-Realty Co. v. Ursinus College

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The...

Decker v. Northwest Environmental Defense Center

The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for which an NPDES permit is required. An...

Los Angeles County Flood Control District v. Natural Resources Defense Council

The U.S. Supreme Court reversed a lower court decision holding a water district liable under the CWA for violating its municipal separate storm sewer system permit. The lower court ruled that the violations occurred when the polluted...

South Florida Water Management District v. Miccosukee Tribe of Indians

The U.S. Supreme Court holds that the national pollutant discharge elimination system (NPDES) permit program applies not only to point sources that generate pollutants, but also to point sources that transfer pollutants originating...