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

Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups...

Center for Biological Diversity v. United States Environmental Protection Agency

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA...

Eastern Oregon Mining Ass'n v. Department of Environmental Quality

The Oregon Supreme Court upheld the Department of Environmental Quality's issuance of a permit for the discharge of certain pollutants resulting from suction dredge mining. A mining association argued that because suction dredge mining...

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer...

Kentucky Waterways Alliance v. Kentucky Utilities Company

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA. Environmental groups argued that the chemicals being stored in coal ash ponds contaminated the surrounding...

Tennessee Clean Water Network v. Tennessee Valley Authority

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA. Environmental groups argued that the plant violated the CWA by leaking pollutants without a permit from its...

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

The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the permit. In March 2013, three environmental groups...

Tennessee Clean Water Network v. Tennessee Valley Authority

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege...

Montana Environmental Information Center v. Montana Department of Environmental Quality

A Montana court vacated and remanded a water discharge permit that the state's environmental agency issued to a coal mine in southeastern Montana. The agency's decisions are arbitrary and not supported by the law, and when viewed in its...

Prairie Rivers Network v. Illinois Pollution Control Board

An Illinois appellate court held that the Illinois Pollution Control Board erred when it upheld the state environmental agency's decision to reissue NPDES permits for three large water reclamation plants in the Chicago area. Petitioners...

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