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Clean Water Act (CWA)

Trout Unlimited v. Bristol Bay Economic Development Corp.

The Ninth Circuit, 2-1, affirmed in part and reversed in part dismissal of a challenge to EPA's withdrawal of a previously proposed determination restricting mining operations in part of southwest Alaska's Bristol Bay watershed. A...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court granted partial summary judgment in a CWA citizen suit brought against the owner of a mine in Washington. The state of Washington and an environmental group argued the mine owner had violated various terms of its NPDES...

Idaho Conservation League v. Poe

A district court granted a conservation group's motion for summary judgment in a lawsuit concerning a California resident's recreational gold mining in a river in Idaho. The group argued the defendant violated the CWA by suction dredge...

Friends of the Capital Crescent Trail v. United States Army Corps of Engineers

In an unpublished opinion, the Fourth Circuit upheld the Army Corps of Engineers' decision to grant Maryland a CWA §404 permit for a mass transportation project. An environmental group and state residents argued that the Corps granted...

Rio Hondo Land & Cattle Co., L.P. v. United States Environmental Protection Agency

The Tenth Circuit denied a company's petition to review an Environmental Appeals Board (EAB) decision denying its petition to review a 2017 permit issued by EPA to an upstream wastewater treatment plant. In its petition, the company...

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.

The First Circuit affirmed in part and reversed in part a ruling in a CWA citizen suit brought against developers of a construction site in Worcester, Massachusetts. An environmental group argued that one developer violated the CWA by...

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA...

National Audubon Society v. United States Army Corps of Engineers

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina. An environmental group challenged the...

New York State Department of Environmental Conservation v. Federal Energy Regulatory Commission

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality...

Cottonwood Environmental Law Center v. Edwards

A district court denied a motion for preliminary injunction in a lawsuit concerning irrigation of a golf course in Big Sky, Montana. Environmental groups argued a Montana water district over-irrigated the course, resulting in nitrogen...