The D.C. Circuit upheld a consent decree that established a schedule for EPA to initiate notice-and-comment rulemaking and make a formal decision whether to promulgate a new rule revising certain…
The D.C. Circuit reversed a lower court decision that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company…
The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into…
A district court denied EPA's motion to dismiss a poultry farmer's lawsuit against the Agency seeking a declaratory judgment that farmyard stormwater runoff is statutorily exempt from…
The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when…
The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the…
A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA when it issued a §404 permit allowing a mining company to permanently fill 11,194 linear feet of streams in…
The Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at municipally owned sewer system. EPA admitted it did not engage in notice and comment…
The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for…
The First Circuit held that a lower court erred in dismissing a landowner's CWA citizen suit for lack of proper pre-suit notice. The landowner filed suit against the neighboring property…