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Clean Water Act (CWA)

Overboard? The Complexity of Traditional TMDL Calculations Under the Clean Water Act

The Clean Water Act (CWA) requires states to calculate total maximum daily loads (TMDLs) of individual pollutants that impair their waters. But the means by which TMDLs are calculated are imprecise, because (1) it is difficult to...

Center for Biological Diversity v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing...

Oklahoma v. United States Environmental Protection Agency

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump...

Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups...

Center for Biological Diversity v. United States Environmental Protection Agency

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA...

Clean Water Action v. United States Environmental Protection Agency

The Fifth Circuit upheld a 2017 EPA rule that postponed compliance dates mandated by the Agency's 2015 rule setting new effluent limitation guidelines for flue gas desulfurization wastewater and bottom ash transport water from steam...

Oregon Cattlemen's Association v. U.S. Environmental Protection Agency

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group...

Georgia v. Wheeler

A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the CWA by extending the agencies'...

Anacostia Riverkeeper, Inc. v. Wheeler

A district court vacated TMDLs that were established by the District of Columbia for E. Coli bacteria in portions of the Anacostia and Potomac Rivers and approved by EPA in 2014. Environmental groups challenged EPA's approval, arguing...

Eastern Oregon Mining Ass'n v. Department of Environmental Quality

The Oregon Supreme Court upheld the Department of Environmental Quality's issuance of a permit for the discharge of certain pollutants resulting from suction dredge mining. A mining association argued that because suction dredge mining...

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