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

Ohio Valley Environmental Coalition v. McCarthy

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go...

Southern Appalachian Mountain Stewards v. Red River Coal Co.

A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on the parties' competing interpretations of a...

Sierra Club v. ICG Hazard, LLC

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into...

Ohio Valley Environmental Coalition v. Fola Coal Co.

A district court held a West Virginia coal mine liable under the CWA for discharging excessive amounts of ionic pollution, measured as conductivity and sulfates, into the waters of West Virginia in violation of its NPDES permits....

Hawai'i Wildlife Fund v. County of Maui

A district court held that a Hawaiian county violated the CWA by discharging effluent without a NPDES permit at two of four injection wells at the Lahaina Wastewater Reclamation Facility. At issue was whether the discharges were from a...

Myers v. Bureau of Land Management

A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges. BLM is clearly in...

Askins v. Ohio Department of Agriculture

A district court denied individuals' motion to enjoin the Ohio Department of Agriculture from issuing NPDES permits for concentrated animal feeding operations absent authorization from EPA. The plaintiffs failed to show a likelihood of...

Alaska Community Action on Toxics v. Aurora Energy Services, LLC

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-...

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies...

Hawai'i Wildlife Fund v. County of Maui

A district court held that a Hawaiian county illegally discharged wastewater into the ocean through groundwater injection wells in violation of the CWA. An environmental group sued the county, seeking to compel it to apply for and...