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

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...

Ouachita Riverkeeper, Inc. v. U.S. Environmental Protection Agency

A district court held that environmental groups lacked standing to challenge EPA's decision not to object to a draft water discharge permit that Arkansas' environmental agency issued to a pulp and paper company under the state's CWA...

Askins v. Ohio Department of Agriculture

The Sixth Circuit dismissed individuals' CWA citizen suit against the Ohio Department of Agriculture (ODA) for issuing NPDES permits for animal feeding operations without first obtaining approval from EPA. States must notify EPA if they...

Cahaba Riverkeeper v. United States Environmental Protection Agency,

The Eleventh Circuit denied environmental groups' lawsuit challenging EPA's interim decision not to revoke Alabama's NPDES permitting authority. Alleging 26 program deficiencies, the groups petitioned EPA to begin proceedings to...

Puget Soundkeeper Alliance v. Cruise Terminals of America LLC

A district court granted in part and denied in part cross-motions for summary judgment in a CWA citizen suit alleging a cruise ship terminal and port discharged industrial stormwater runoff and other pollutants into U.S. waters without...

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