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Clean Water Act (CWA)

San Francisco Baykeeper v. U.S. Environmental Protection Agency

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay. The Agency argued that the CWA did not apply to the complex...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit. A conservation group and the state of Washington argued that the owners had violated the terms of their permit by...

Natural Resources Defense Council, Inc. v. Environmental Protection Agency

A district court denied a motion to reconsider its 2018 ruling that gave EPA discretion as to how to establish a new TMDL for trash in the Anacostia River. An environmental group argued that little progress had been made since the 2018...

Idaho Conservation League v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit granted in part and denied in part an environmental group's petition to review EPA's approval of the Idaho Pollution Discharge Elimination System (IPDES). Specifically, the court denied the...

Ohio v. United States Environmental Protection Agency

The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA. Ohio and Tennessee challenged the validity of the...

California v. Wheeler

A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the...

Colorado v. U.S. Environmental Protection Agency

A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the...

National Wildlife Federation v. Secretary of the United States Department of Transportation

The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil pipeline operator's response plans for...

Earth Island Institute v. Wheeler

A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination. Environmental groups argued that the current NCP is...

Maui, Hawaii v. Hawaii Wildlife Fund

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of pollutants into groundwater that later discharged...

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