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Clean Water Act (CWA)

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...

Quad Cities Waterkeeper, Inc. v. Ballegeer

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green...

Tennessee Clean Water Network v. Tennessee Valley Authority

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege...

Ohio Valley Environmental Coalition, Inc. v. McCarthy

A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide...