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Citizen suits, §505

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...

Sierra Club v. BNSF Railway

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...

In re Deepwater Horizon

The Fifth Circuit affirmed a lower court decision dismissing a lawsuit filed by 11 Louisiana parishes in which they sought penalties under the Louisiana Wildlife Protection Statute for the pollution-related loss of aquatic life and...

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...

Black Warrior Riverkeeper, Inc. v. Black Warrior Minerals, Inc.

The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that alleges that a discharger violated its permit...

Ohio Valley Environmental Coalition v. Marfork Coal Co.

A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit against the company has standing, and it...

National Ass'n of Home Builders v. United States Environmental Protection Agency

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA....

California Sportfishing Protection Alliance v. Chico Scrap Metal, LLC

The Ninth Circuit reversed a lower court decision dismissing a conservation group's CWA citizen suit alleging that a scrap metal company violated California's general NPDES permit for industrial stormwater at three of its scrap...

Alaska Community Action v. U.S. Environmental Protection Agency

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...