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Clean Water Act (CWA)

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...

Wetlands Action Network v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it issued a permit to a developer that planned to fill wetlands for a mixed use development project in Los Angeles...

Save Our Wetlands v. Conner

The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) or act arbitrarily or capriciously in granting a developer a permit to fill wetlands abutting Lake Ponchatrain in...

Hoosier Envtl. Council, Inc. v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate a riverboat gambling facility on the...