Jump to Navigation
Jump to Content

Coverage

Sierra Club v. ICG Hazard, LLC

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into...

Alaska Community Action on Toxics v. Aurora Energy Services, LLC

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-...

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

A district court held that plaintiffs may go forward with their CWA citizen suit against the U.S. Bureau of Reclamation and a California water authority in a case involving the need for a NPDES permit for an irrigation project jointly...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The...

The U.S. Supreme Court's Decision in South Florida Water Management District v. Miccosukee Tribe of Indians: Leaving the Scope of Regulation Under the Clean Water Act in "Murky Waters"

In an 8-to-1 decision authored by Justice Sandra Day O'Connor, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Eleventh Circuit's decision that the South Florida Water Management District's (District's) operation of a...

California Sportsfishing Protection Alliance v. Shamrock Materials, Inc.

A district court denied a sand and gravel company's motion to dismiss environmental and citizen groups' CWA action against it for discharging stormwater associated with industrial activity from one or more point sources at its...

Power, Politics, and Poison: The Story Behind National Cotton Council of America v. U.S. EPA

For nearly 40 years, EPA allowed application of pesticides directly to or over waters of the United States without an NPDES permit and instead relied on the FIFRA registration process to regulated such pesticide use. Following...

Northwest Environmental Defense Center v. Brown

The Ninth Circuit, in an amended opinion, held that stormwater runoff from logging roads that is collected by and...

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and...

Ecological Rights Foundation v. Pacific Gas & Electric Co.

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 dismissed the group's RCRA claim. The company...