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Clean Water Act (CWA)

Adirondack League Club, Inc. v. Sierra Club

The court holds that the ability to use a river in a recreational manner should be considered in determining whether the river is navigable-in-fact in a trespass case against kayakers and canoers on the South Branch of the Moose River...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of Engineers to prepare an environmental impact...

Amigos Bravos v. Molycorp, Inc.

The court holds that it lacks subject matter jurisdiction to review environmental groups' Federal Water Pollution Control Act (FWPCA) citizen suit against a mining company allegedly discharging pollutants from its waste rock piles into...

California ex rel. Sacramento Metro. Air Quality Management Dist. v. United States

The court holds that a local air pollution control agency cannot seek civil penalties from a U.S. Air Force base for past violations of the Clean Air Act (CAA) and state law. The court first holds that Congress, through the CAA, did not...

Alaska Ctr. for the Env't v. West

The court upholds five general permits issued by the U.S. Army Corps of Engineers authorizing the filling of wetlands for a broad range of development activities in Anchorage, Alaska. The court first holds that the Corps satisfied the...

United States v. Hallmark Constr. Co.

The court holds that there is a constitutional and statutory basis for the U.S. Army Corps of Engineers to assert Federal Water Pollution Control Act (FWPCA) §404 jurisdiction over isolated wetlands, but a genuine issue of fact exists...

Pennsylvania Envtl. Defense Found. v. Canon-McMillan Sch. Dist.

The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds that the district court has not made an...

Missouri v. Glasgow, City of

The court holds that a city violated the Federal Water Pollution Control Act (FWPCA) by discharging sludge from its wastewater treatment facility without an operating permit. The court first holds that a state constitutional provision...

Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane...

United States v. Hallmark Constr. Co.

The court holds that the Federal Water Pollution Control Act (FWPCA) does not authorize the U.S. Army Corps of Engineers to seek penalties against a construction company for allegedly filling an isolated wetland without a §404 permit....