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Clean Water Act (CWA)

Puget Soundkeeper Alliance v. United States Environmental Protection Agency

A district court ordered EPA to promulgate revised water quality standards for Washington state by September 15, 2016, or, in the alternative, by November 15, 2016, if the state submits its own water quality standards by September 15. A...

Mingo Logan v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a mountaintop coal mining project in West Virginia....

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit to a surface coal mine. Environmental groups challenged the adequacy of the Corps' environmental review, arguing that the Corps violated...

Duarte Nursery, Inc. v. United States Army Corps of Engineers

A district court, on motions for summary judgment, held that the owner of a farm violated the CWA when he allowed wetlands on his property to be tilled. The record shows that the farm discharged a pollutant to navigable waters from a...

North Dakota v. U.S. Environmental Protection Agency

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for the Sixth Circuit or the U.S. Supreme Court. Numerous...

Friends of Thayer Lake LLC v. Brown

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use. At issue in the...

National Wildlife Federation v. U.S. Army Corps of Engineers

A district court held that conservation groups lacked standing to challenge the U.S. Army Corps of Engineers’ decision to reissue a nationwide permit (NWP 13) authorizing the discharge of dredged and fill material to construct bank...

Montana Environmental Information Center v. Montana Department of Environmental Quality

A Montana court vacated and remanded a water discharge permit that the state's environmental agency issued to a coal mine in southeastern Montana. The agency's decisions are arbitrary and not supported by the law, and when viewed in its...

Prairie Rivers Network v. Illinois Pollution Control Board

An Illinois appellate court held that the Illinois Pollution Control Board erred when it upheld the state environmental agency's decision to reissue NPDES permits for three large water reclamation plants in the Chicago area. Petitioners...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit held that it has jurisdiction to hear numerous lawsuits challenging EPA's and the U.S. Army Corps of Engineers' "waters of the United States" (WOTUS) rule. The rule went into effect on August 28, 2015, but on October 9...