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

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...

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In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform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