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State programs, §402(b)

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...

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In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform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

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...

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...

Ohio Valley Environmental Coalition v. Consol of Kentucky

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it...

Ohio Valley Environmental Coalition, Inc. v. Alex Energy, Inc.

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium...