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Effluent limitations, §301

Sierra Club v. Virginia Electric & Power Company

The Fourth Circuit held that seepage from a coal-fired power plant did not violate §301 of the CWA, which prohibits the unauthorized discharge of any pollutant into navigable waters. An environmental group argued that the plant's...

Clean Water Action v. Pruitt

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed effluent limitations and standards for...

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

A district court held that a mining company violated state and federal permits when it discharged high levels of ionic pollution. Environmental groups successfully demonstrated that high conductivity discharges from two of the company's...

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies...

Defenders of Wildlife v. Perciasepe

The D.C. Circuit upheld a consent decree that established a schedule for EPA to initiate notice-and-comment rulemaking and make a formal decision whether to promulgate a new rule revising certain effluent limitations and effluent...

Iowa League of Cities v. Environmental Protection Agency

The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment procedures, but it insisted there has been...

Puget Soundkeeper Alliance v. BNSF Railway Co.

A district court held that a railroad company that operates a railroad-transportation facility in Seattle, Washington, violated the terms of its NDPES permit in violation of CWA §402 and discharged pollutants into U.S. waters in...