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Clean Water Act (CWA)

Tennessee Clean Water Network v. Tennessee Valley Authority

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its...

North Dakota v. U.S. Environmental Protection Agency

A North Dakota district court enjoined in Iowa the 2015 Clean Water Rule, which clarifies the definition of "waters of the United States" that are protected under the CWA. The governor of Iowa sought an order from the court expressly...

Texas v. United States Environmental Protection Agency

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources...

Sierra Club v. Virginia Electric & Power Company

The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's...

Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

The Third Circuit denied review of the Pennsylvania Department of Environmental Protection's decision to grant a CWA §401 certification for a natural gas pipeline project. Environmental groups argued that the department acted...

South Carolina Coastal Conservation League v. Pruitt

A district court ruled in favor of environmental groups' challenge EPA's rule suspending the 2015 Waters of the United States Rule (WOTUS Rule), and enjoined the suspension rule nationwide. The groups argued that the suspension rule...

Millennium Bulk Terminals-Longview, LLC v. State

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from...

Sierra Club v. State Water Control Board

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and...

Cooling Water Intake Structure Coalition v. United States Environmental Protection Agency

The Second Circuit denied environmental groups' and industry associations' petitions to review a final rule promulgated by EPA establishing requirements for cooling water intake structures (CWISs) at existing power plants and...

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups...