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FWPCA powers and duties

National Pork Producers Council v. United State Environmental Protection Agency

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But there must be an actual discharge into...

National Mining Ass'n v. Corps of Eng'rs

The court holds that the Tulloch rule's requirement of a Federal Water Pollution Control Act (FWPCA) §404 permit for incidental fallback exceeds the scope of the U.S. Army Corps of Engineers' FWPCA statutory authority. The...

Strahan v. Coxe

The court vacates part of an injunction requiring state environmental agency officials to apply for a permit under the Marine Mammal Protection Act (MMPA) for takings caused by the agency's permitting and licensing operations, but...

Oxy USA, Inc. v. Babbitt

The court holds that oil and gas lessees failed to state a claim under the Outer Continental Shelf Lands Act's (OCSLA's) citizen suit provision when they challenged the U.S. Department of the Interior's (DOI's) determination that...