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Clean Water Act (CWA)

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....

Hill v. Boy

The court holds that the U.S. Army Corps of Engineers violated the National Environmental Policy Act by failing to consider adequately the environmental impact of a petroleum pipeline that crosses under a proposed reservoir before...

United States v. San Diego, City of

The court awards an environmental group $781,306 in attorney fees pursuant to Federal Water Pollution Control Act (FWPCA) §505(d). The group intervened to block the entry of a proposed consent decree in an FWPCA enforcement proceeding...

East Bay Mun. Util. Dist. v. Department of Commerce

The court holds that the U.S. government is not liable as an operator under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for hazardous waste cleanup costs at an abandoned mine site. The court first...

Russian River Watershed Protection Comm. v. Santa Rosa, City of

The court holds that the executive officer of a regional board had the discretion to determine a city's method of compliance with national pollutant discharge elimination system (NPDES) permits. The court first holds that the district...

Newton County Wildlife Ass'n v. Rogers

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the...

Waste Action Project v. Dawn Mining Corp.

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to regulate the discharge of uranium mill tailings into the nation's waterways under the Federal Water Pollution Control Act (FWPCA). The...

Armstrong v. ASARCO, Inc.

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead...

B&B Partnership v. United States

The court affirms a district court decision upholding the U.S. Army Corps of Engineers' denial of a Federal Water Pollution Control Act (FWPCA) §404 discharge permit to fill wetlands as part of a rubble landfill project. The court first...

Oyster Bay, Town of v. Occidental Chem. Corp.

The court holds several corporations liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for response costs associated with a New York landfill. The court first holds that by introducing...