Jump to Navigation
Jump to Content

Citizen suits, §505

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

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...

In re Taylor

A federal bankruptcy court issued a supplementary opinion to clarify its prior ruling that environmental groups' claims for declaratory and injunctive relief under the CWA and RCRA would not be "debts" as defined by the Bankruptcy Code...

Maine v. McCarthy

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a formal decision in which it approved some of Maine’s water...

Quad Cities Waterkeeper, Inc. v. Ballegeer

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green...

Ouachita Riverkeeper, Inc. v. U.S. Environmental Protection Agency

A district court held that environmental groups lacked standing to challenge EPA's decision not to object to a draft water discharge permit that Arkansas' environmental agency issued to a pulp and paper company under the state's CWA...

Ohio Valley Environmental Coalition v. McCarthy

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go...

North Carolina Environmental Justice Network v. Taylor

A district court denied a swine farm's motion to strike an environmental group's request for a jury trial in their CWA and RCRA citizen suit. The group's citizen suit alleged that the farm illegally dumped swine waste onto surrounding...

Ohio Valley Environmental Coalition v. Fola Coal Co.

A district court denied a mining company's motion for partial judgment in a case filed against it for alleged CWA and SMCRA violations. Environmental groups alleged that the mine violated narrative water quality standards and, therefore...

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies...

Dover, City of v. United States Environmental Protection Agency

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities...

  • 1
  •   |  2
  •   |  3
  •   |  4
  •   |  5
  • »