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Water quality standards, §303

Florida Wildlife Federation v. McCarthy

A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard. States retain...

Ohio Valley Environmental Coalition v. Fola Coal Co.

A district court denied a mining company's motion for partial judgment in a case filed against it for alleged CWA and SMCRA violations. Environmental groups alleged that the mine violated narrative water quality standards and, therefore...

El Dorado Chemical Co. v. United States Environmental Protection Agency

The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant. Arkansas adopted the revisions after the...

Ohio Valley Environmental Coalition v. Alex Energy, Inc.

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company's state permit does not explicitly impose...

Friends of Merrymeeting Bay v. Hydro Kennebec, LLC

The First Circuit vacated and remanded a lower court decision dismissing environmental groups' CWA claims against the operators of four hydroelectric dams along the Kennebec River. The groups alleged that the operators are in violation...

Dover, City of v. United States Environmental Protection Agency

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities...

Florida Wildlife Federation v. McCarthy

A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria, but for some waters, the criteria are not...

Ohio Valley Environmental Coalition v. FOLA Coal

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability...

Food & Water Watch v. United States Environmental Protection Agency

A district court dismissed environmental groups' lawsuit challenging EPA's "authorization" of pollution trading and offsets outlined in its 2010 TMDL for the Chesapeake Bay. The groups wanted statements about offsets and trading in the...

Oneida Tribe of Indians of Wisconsin v. Village of Hobart, Wisconsin

The Seventh Circuit held that a town may not assess stormwater management fees on Indian lands located within the town's borders. The town passed an ordinance allowing it to assess fees on all parcels of land in the town, including...