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Clean Water Act (CWA)

Riverkeeper, Inc. v. Wheeler

A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the...

Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an...

National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western...

Hoopa Valley Tribe v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged FERC's determination that California and...

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency

A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant...

Sierra Club v. United States Army Corps of Engineers

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups...

Puget Soundkeeper Alliance v. Wheeler

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the...

Center for Biological Diversity v. Wheeler

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants....

Columbia Riverkeeper v. Pruitt

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...