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Enforcement

Oil Spill by the Oil Rig "Deepwater Horizon"

A district court held a petroleum company liable for $159.5 million in civil penalties under the CWA in connection with the 2010 Deepwater Horizon disaster. The court applied each of the CWA’s eight civil penalty factors in...

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...

Myers v. Bureau of Land Management

A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges. BLM is clearly in...

Energy & Environment Cabinet v. Frasure Creek Mining, LLC

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair, reasonable, or in the public interest. The agency...

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

A district court held that an environmental group may seek injunctive relief and civil penalties against a mining company previously held liable for the unpermitted discharge of selenium into U.S. waters even though the company has...

Alaska Community Action on Toxics v. Aurora Energy Services, LLC

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-...

Alt v. United States Environmental Protection Agency

The Fourth Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a poultry farmer's lawsuit against EPA. In that case, the farmer seeks a declaratory judgment that farmyard stormwater runoff is...

Southern Appalachian Mountain Stewards v. A&G Coal Corp.

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued...

United States v. Tuma

The Fifth Circuit upheld the conviction and sentencing of the former owner of a wastewater treatment facility who allowed the disposal of untreated wastewater into U.S. waters without a permit. The former owner argued that the lower...

Ohio Valley Environmental Coalition v. FOLA Coal

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability...