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National pollutant discharge elimination system (NPDES) permit program, 402

Food & Water Watch v. U.S. Environmental Protection Agency

The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge"...

Hawai'i Wildlife Fund v. Maui, County of

A district court granted summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater reclamation facility near the Pacific Ocean. The groups argued...

Clean Wisconsin, Inc. v. Wisconsin Department of Natural Resources

The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin...

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant...

Okanogan Highlands Alliance v. Crown Resources Corp.

A district court granted partial summary judgment in a CWA citizen suit brought against the owner of a mine in Washington. The state of Washington and an environmental group argued the mine owner had violated various terms of its NPDES...

Idaho Conservation League v. Poe

A district court granted a conservation group's motion for summary judgment in a lawsuit concerning a California resident's recreational gold mining in a river in Idaho. The group argued the defendant violated the CWA by suction dredge...

Rio Hondo Land & Cattle Co., L.P. v. United States Environmental Protection Agency

The Tenth Circuit denied a company's petition to review an Environmental Appeals Board (EAB) decision denying its petition to review a 2017 permit issued by EPA to an upstream wastewater treatment plant. In its petition, the company...

The Blackstone Headwaters Coalition, Inc. v. Gallo Builders, Inc.

The First Circuit affirmed in part and reversed in part a ruling in a CWA citizen suit brought against developers of a construction site in Worcester, Massachusetts. An environmental group argued that one developer violated the CWA by...

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA...

Cottonwood Environmental Law Center v. Edwards

A district court denied a motion for preliminary injunction in a lawsuit concerning irrigation of a golf course in Big Sky, Montana. Environmental groups argued a Montana water district over-irrigated the course, resulting in nitrogen...

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