A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law…
The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer…
The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general…
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…
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…
An Ohio appellate court held that the state environmental review board erred in affirming portions of Ohio EPA's CWA §401 water quality certification that prohibited a coal mining company…
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…
A district court denied a swine farm's motion to strike an environmental group's request for a jury trial in their CWA and RCRA citizen suit. The group's citizen suit alleged that…
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.…
A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after…