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Permit issuance

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...

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...

Decision on the Approval for Submittal of a 401 Water Quality Certification to the U.S. Environmental Protection Agency for the Draft 2013 Vessel General Permit and the Draft 2013 Small Vessel General Permit

A Minnesota appellate court held that the state environmental agency did not err in certifying under CWA §401 EPA's proposed NPDES vessel general permit, which allows shipping vessels in Lake Superior to discharge ballast water in state...

Native Village of Kivalina IRA Council v. United States Environmental Protection Agency

The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to...

Upper Blackstone Water Pollution Abatement District v. United States Environmental Protection Agency

The First Circuit denied a petition challenging an EPA NPDES permit setting forth discharge limits for nitrogen, phosphorous, and aluminum for a large sewage treatment plant along the Blackstone River in Massachusetts. A water district...

National Mining Association v. Jackson

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not...