The Eleventh Circuit upheld the dismissal of environmental groups' citizen suit against a coal mine for new source performance standard (NSPS) violations under the CWA. A citizen suit that…
The Sixth Circuit, in an unpublished opinion, denied a wildlife preserve's motion to preliminarily enjoin a mining company from constructing and operating a nickel and copper mine in…
A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge,…
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…
The Tenth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of an oil pipeline to run from Cushing, Oklahoma, to oil…
A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality…
A Wisconsin court held that the state environmental agency should have considered impacts on downstream water quality when it issued a state pollutant discharge elimination system permit to an…
A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies the necessary…
A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit…
The Seventh Circuit reversed a lower court decision finding a Wisconsin mine operator liable under the CWA for discharging copper into navigable waters without a permit. The CWA's permit…