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Clean Water Act (CWA)

Ohio Valley Environmental Coalition, Inc. v. Pruitt

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under...

Georgia v. Pruitt

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states...

New York v. Pruitt

A district court denied the U.S. government's request to transfer to the Southern District of Texas two cases challenging the Trump Administration's delay of the Clean Water Rule. One lawsuit was brought by the state of New York, and...

Clean Water Action v. Pruitt

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for...

Upstate Forever v. Kinder Morgan Energy Partners, L.P.

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be discharged into surface waterways via...

Environmental Law & Policy Center v. United States Environmental Protection Agency

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA...

Friends of the Santa Clara River v. United States Army Corps of Engineers

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development...

Hawaii Wildlife Fund v. Maui, City of

The Ninth Circuit held that Maui County is liable for illegally discharging treated wastewater that seeped through groundwater into the Pacific Ocean. The County owns and operates four wells at the Lahaina Wastewater Reclamation...

United States v. Robertson

The Ninth Circuit upheld the criminal conviction of a Montana resident for violations of the CWA. The resident was sentenced to 18 months in prison and had to pay a $130,000 fine for digging ponds and diverting a creek onto his land in...

West McDonald Lake Ass'n v. Minn. Dep't of Nat. Res.

A Minnesota appeals court held that the state Department of Natural Resources (DNR) erred by not obtaining a federal permit for a construction project that affected a lake's water level. Hoffman Lake and West McDonald Lake are...