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Clean Water Act (CWA)

Walther v. United States

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad...

Sierra Club, Inc. v. St. Johns River Water Management District

A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over...

Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC

A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant. The groups alleged that the company unlawfully...

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

A district court upheld the U.S. Army Corps of Engineers' decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. Despite environmental groups' arguments to...

Environmental Protection Agency

The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule. The court held that the petitioning...

Natural Resources Defense Council v. United States Environmental Protection Agency

The Second Circuit remanded portions of EPA's 2013 general NPDES permit for ship ballast water, a primary cause of the spread of invasive species from one body of water to another. The general permit imposed both technology-based...

Puget Soundkeeper Alliance v. Ranier Petroleum Corp.

A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations. The company's stormwater discharges exceeded...

Foster v. United States Environmental Protection Agency

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309. EPA determined that, in the course of developing the...

Sierra Club v. United States Army Corps of Engineers

The D.C. Circuit upheld the dismissal of an environmental group's NEPA and CWA claims against the U.S. government in connection with a 593-mile oil pipeline that runs from Illinois to Oklahoma on both public and private lands. Despite...

Environmental Integrity Project v. McCarthy

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge...