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Clean Water Act (CWA)

Center for Regulatory Reasonableness v. EPA

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an...

Ohio Valley Envtl. Coalition, Inc. v McCarthy

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of...

NRDC v. McCarthy

A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor...

Catskill Mountains Chapter of Trout Unlimited v. EPA

The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA. Several environmental groups brought suit...

Ohio Valley Environmental Coalition v. Fola Coal Company, LLC.

The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the permit. In March 2013, three environmental groups...

Gulf Restoration Network v. McCarthy

A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose...

Conservation Law Foundation v. Environmental Protection Agency

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode...

Conservation Law Foundation v. Environmental Protection Agency

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode...

Maine v. McCarthy

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a formal decision in which it approved some of Maine’s water...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...