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Clean Water Act (CWA)

Pasqua Yaqui Tribe v. United States Environmental Protection Agency

A district court vacated and remanded EPA's and the Army Corps of Engineers' Navigable Waters Protection Rule, which established a new definition of "waters of the United States" under the CWA. EPA and the Corps sought voluntary remand...

Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, Hubbard, Wadena, Cass, Crow Wing, Aitkin, St. Louis, and Carlton Counties Section 401 Water Quality Certification

A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project. Native American tribes and environmental groups...

Sackett v. U.S. Environmental Protection Agency

The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them to remove fill and restore the property...

Earth Island Institute v. Regan

A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for...

South Carolina Coastal Conservation League v. United States Environmental Protection Agency

A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule.

Northwest Environmental Advocates v. United States Environmental Protection Agency

A district court granted partial summary judgment for environmental groups in a CWA citizen suit concerning water quality standards for mercury in Idaho. The groups argued that EPA's failure to promptly publish and promulgate mercury...

Hawai'i Wildlife Fund v. Maui, County of

A district court granted summary judgment for environmental groups in an ongoing dispute over a Hawaii county's release of pollutants into injection wells at a wastewater reclamation facility near the Pacific Ocean. The groups argued...

Clean Wisconsin, Inc. v. Wisconsin Department of Natural Resources

The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin...

Conservation Law Foundation v. Exxon Mobil Corp.

The First Circuit vacated a district court order staying a CWA and RCRA citizen suit brought against an oil company. An environmental group argued, among other things, that the company had violated CWA and RCRA by failing to account for...

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant...

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