Water

A California appellate court held that the state's water resources board did not violate state law when it voted 2-1 to increase water quality permit fees for the 2011-2012 fiscal year. When…

A district court granted summary judgment in favor of a coal company, thereby dismissing environmental groups' CWA claim that the company violated its NPDES permit. The dispute centered on…

The Eighth Circuit held that a U.S. Army Corps of Engineers jurisdictional determination (JD) is a final agency action under the APA, thereby creating a split between the circuits. The case arose…

The Fifth Circuit reversed and remanded a lower court decision ordering EPA to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the…

A Maryland appellate court affirmed a lower court decision remanding a stormwater management permit that the state's environmental agency issued to a county. The permit did not fall short for…

A district court, on remand from the First Circuit, dismissed environmental groups' CWA claim against the operators of four hydroelectric dams along the Kennebec River. The groups alleged…

The Sixth Circuit held that USDA failed to comply with its own regulations when it determined a farm was ineligible for program benefits under the "Swampbuster" provisions of the Food…

The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged…

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage…

A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law…