Clean Water Act (CWA)

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair,…

A district court held that an environmental group may seek injunctive relief and civil penalties against a mining company previously held liable for the unpermitted discharge of selenium into U.S…

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of…

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA…

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…

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of…

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the…

A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in…

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…

A district court upheld a jury verdict that a Wyoming farmer who discharged material into a creek on his property without a permit was exempt from the CWA's permitting requirements. Below,…