The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA.…
The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the…
A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the…
A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to…
A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to…
A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a…
The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical…
A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other…
A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies…
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…