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

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...

Mrosek v. City of Peachtree City

In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform maintenance and repairs on a stream, pond, and dam located...

Yadkin Riverkeeper, Inc. v. Duke Energy Carolinas, LLC

A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant. The groups alleged that the company unlawfully...

Natural Resources Defense Council v. United States Environmental Protection Agency

The Second Circuit remanded portions of EPA's 2013 general NPDES permit for ship ballast water, a primary cause of the spread of invasive species from one body of water to another. The general permit imposed both technology-based...

Puget Soundkeeper Alliance v. Ranier Petroleum Corp.

A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations. The company's stormwater discharges exceeded...

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

A district court held that a mining company violated state and federal permits when it discharged high levels of ionic pollution. Environmental groups successfully demonstrated that high conductivity discharges from two of the company's...

Alaska Eskimo Whaling Comm'n v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part a petition challenging an NPDES permit authorizing oil and gas exploration facilities' discharge of 13 waste streams into the Beaufort Sea. The petition was filed by the Alaska Eskimo...