A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA. The company'…
A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation…
A California court held that the public trust doctrine protects navigable waterways from harm caused by groundwater extraction. Concerned about the management of the Scott River in northern…
The Fourth Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a poultry farmer's lawsuit against EPA. In that case, the farmer seeks a…
The First Circuit vacated and remanded a lower court decision dismissing environmental groups' CWA claims against the operators of four hydroelectric dams along the Kennebec River. The groups…
The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant…
The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination Process memorandum, which concerns CWA §404 mining permit applications, as well as an EPA…
A district court upheld a CWA §404 permit issued by the U.S. Army Corps of Engineers for the construction of a large marine transfer station near the upper east side of New York City. A group of…
A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's…
A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and…