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Clean Water Act (CWA)

Blue Water Baltimore v. Wheeler

A district court denied summary judgment in a challenge to EPA's approval of Maryland's 2018 water quality report, which reclassified 139 impairment listings based on TMDLs set by the Agency for the entire Chesapeake Bay. Environmental...

Conservation Law Foundation v. Longwood Venues & Destinations, Inc.

A district court upheld EPA's interpretation that the CWA does not regulate discharges into groundwater that is hydrologically connected to navigable waters in a lawsuit concerning a wastewater treatment facility on Cape Cod. An...

Puget Soundkeeper Alliance v. Wheeler

A district court held that environmental groups lacked standing in their challenge to EPA's exclusion of certain waste treatment systems from the definition of navigable waters under the CWA. The groups argued that they had...

Center for Biological Diversity v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing...

Oklahoma v. United States Environmental Protection Agency

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump...

Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups...

Center for Biological Diversity v. United States Environmental Protection Agency

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA...

Clean Water Action v. United States Environmental Protection Agency

The Fifth Circuit upheld a 2017 EPA rule that postponed compliance dates mandated by the Agency's 2015 rule setting new effluent limitation guidelines for flue gas desulfurization wastewater and bottom ash transport water from steam...

Oregon Cattlemen's Association v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group...

Georgia v. Wheeler

A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the CWA by extending the agencies'...

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