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Clean Water Act (CWA)

Mountain Valley Pipeline LLC v. North Carolina Department of Environmental Quality

The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for construction of a natural gas pipeline. The company argued the...

Petition of Assateague Coastal Trust

A state court reversed the Maryland Department of the Environment's (MDE's) decision to reissue an NPDES general permit for animal feeding operations without limitations on the discharge of gaseous ammonia. An environmental group argued...

Colorado v. U.S. Environmental Protection Agency

The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route....

Montana Environmental Information Center v. Montana Department of Environmental Quality

The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and silver mine in the Cabinet Mountains....

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...