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Stormwater discharges, 402(p)

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer...

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In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform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

Alt v. United States Environmental Protection Agency

A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES...

Alt v. United States Environmental Protection Agency

A district court denied EPA's motion to dismiss a poultry farmer's lawsuit against the Agency seeking a declaratory judgment that farmyard stormwater runoff is statutorily exempt from regulation as an agricultural stormwater discharge....

Decker v. Northwest Environmental Defense Center

The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for which an NPDES permit is required. An...

United States v. House of Raeford Farms, Inc.

A district court denied a poultry-processing company's motions for a new trial, for a judgment of acquittal, and to arrest judgment in a CWA case in which the company was found guilty for discharging untreated wastewater to a city's...

Los Angeles County Flood Control District v. Natural Resources Defense Council

The U.S. Supreme Court reversed a lower court decision holding a water district liable under the CWA for violating its municipal separate storm sewer system permit. The lower court ruled that the violations occurred when the polluted...

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct...

Natural Resources Defense Council v. New York State Department of Environmental Conservation

A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law. By allowing discharges based on an applicant...