Water

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision,…

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (…

A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake…

A district court granted state defendant's motion to dismiss in a case involving water contamination in Flint, Michigan. Plaintiffs alleged violations of the SDWA as well as state tort claims…

A district court declined to dismiss state-law tort claims stemming from perflurooctanoic acid (PFOA) that leached into groundwater from a factory in Hoosick Falls, N.Y. Plaintiffs found their…

The Iowa Supreme Court held that a city utility cannot sue upstream drainage districts over excess nitrate pollution in the utility's water source. The utility attempted to sue entities that…

A district court granted summary judgment in favor of a mining company in a case involving the U.S. Army Corps of Engineers' determination that wetlands intended to be mined of peat had a…

A district court dismissed a case alleging racketeering and civil rights violations against state officials and oil companies in connection with illegal increases in oil production to maximize…

The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA.…

A Pennsylvania court held that the state Clean Stream Law does not authorize ongoing penalties for the continuing presence of industrial waste in a waterway following its initial entry. In 2012, a…