Water

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…

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v…

A district court ordered the Bureau of Ocean Exploration Management, Regulation, and Enforcement to act on five pending deepwater drilling permit applications within 30 days. The permit…

The Federal Circuit vacated and remanded a lower court decision dismissing breach of contract, takings, and Klamath River Basin Compact claims brought against the U.S. government by…

The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose…

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but…