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Clean Water Act (CWA)

Precon Development Corp. v. United States Army Corps of Engineers

The Fourth Circuit reversed and remanded a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it had jurisdiction over wetlands on a developer's property. The Corps permissibly defined the scope of its...

Alaska Community Action on Toxics v. Aurora Energy Services LLC

A district court held that environmental groups may go forward with their claims that coal-contaminated dust, slurry, water, and snow is being discharged from a coal loading facility into a bay in violation of the CWA. Although...

Friends of the Earth, Inc. v. Gaston Copper Recycling Corp.

The Fourth Circuit reversed and remanded a district court's imposition of penalties against the former owner of a metals smelting facility for CWA violations. The environmental groups that filed suit against the company had...

Greater Yellowstone Coalition v. Lewis

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After...

Sierra Club v. Elk Run Coal Co.

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with...

West Virginia Highlands Conservancy, Inc. v. Huffman

The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The text of the CWA, as well as...

Akiak Native Community v. Environmental Protection Agency

The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious. Petitioners argued that EPA did not adequately ensure that Alaska state law will...

National Cotton Council of America v. United States Environmental Protection Agency

The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES) permitting requirements pesticides applied in accordance...

Rapanos v. United States

The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent to a tributary of traditional navigable...

South Florida Water Management District v. Miccosukee Tribe of Indians

The U.S. Supreme Court holds that the national pollutant discharge elimination system (NPDES) permit program applies not only to point sources that generate pollutants, but also to point sources that transfer pollutants originating...