Water

The D.C. Circuit denied a power company's petition for review of a FERC order that North Carolina did not waive its CWA certification authority necessary for the relicensing of the company…

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES…

The Eleventh Circuit vacated a lower court decision remanding a permit issued by the U.S. Army Corps of Engineers back to the agency and enjoining a mining company from conducting operations…

A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both motions…

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit…

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their…

The Federal Circuit held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that caused…

A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The…

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But…

The Ninth Circuit held that a local flood district is liable under the CWA for discharging polluted stormwater into the Los Angeles and San Gabriel Rivers. Environmental groups filed suit…