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Clean Water Act (CWA)

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...

In re Taylor

A federal bankruptcy court issued a supplementary opinion to clarify its prior ruling that environmental groups' claims for declaratory and injunctive relief under the CWA and RCRA would not be "debts" as defined by the Bankruptcy Code...

Save Our Cabinets v. Department of Agriculture

A district court held that the approval of a mining project in Montana violated NEPA, the CWA, and the National Forest Management Act. A mining company submitted a plan to the Forest Service and the Montana Department of Environmental...

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...