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Violations

Tennessee Clean Water Network v. Tennessee Valley Authority

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege...

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...

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...

Ohio Valley Environmental Coalition v. Fola Coal Co., LLC

A district court held that a mining company violated state and federal permits when it discharged high levels of ionic pollution. Environmental groups successfully demonstrated that high conductivity discharges from two of the company's...

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...

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...

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...