Clean Water Act (CWA)

A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not…

A district court ordered a mining company to comply with the CWA by October 31, 2012, and to pay over $2 million in penalties for CWA violations in Montezuma Creek, a tributary of the Middle Fork…

The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps'…

The Ninth Circuit upheld the U.S. Army Corps of Engineers' decision allowing a hydroelectric plant that operates at the Snoqualmie Falls to lower dam waters in the channel above the falls…

The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the…

A district court held that the CWA's waiver of sovereign immunity applies to stormwater management fees. In 2011, in response to federal agencies that had ceased paying stormwater program…

The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from…

The Fifth Circuit held that the CWA does not provide citizens the right to sue to enforce the conditions of §404 permits. Environmental groups filed a citizen suit against the Atchafalaya Basin…

The Fifth Circuit reversed and remanded a lower court decision dismissing an environmental group's CWA action against a city for violations at its wastewater treatment plants. The lower…

The Eleventh Circuit upheld a restaurant manager's conviction for conspiring to illegally dump restaurant grease into U.S. waters in violation of the CWA. The evidence was easily sufficient…