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Alaska Community Action on Toxics v. Aurora Energy Services LLC

A district court held that environmental groups may go forward with their claims that coal-contaminated dust, slurry, water, and snow is being discharged from a coal loading facility into a bay in violation of the CWA. Although...

West Virginia Highlands Conservancy, Inc. v. Huffman

The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The text of the CWA, as well as...

Clean Water Act NPDES Water Transfer Issue: The Implications for the Water Supply and Water User Communities

The Clean Water Act (CWA) prohibits "the discharge of any pollutant" into waters of the United States, except as otherwise authorized under the Act. A "discharge of a pollutant" is defined as "any addition of...

National Cotton Council of America v. United States Environmental Protection Agency

The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES) permitting requirements pesticides applied in accordance...

Newton County Wildlife Ass'n v. Rogers

The court upholds the U.S. Forest Service's approval of four timber sales in the Ozark National Forest. A coalition of environmental groups sued the Forest Service to enjoin or set aside the timber sales. The court first holds that the...

Waste Action Project v. Dawn Mining Corp.

The court holds that the U.S. Environmental Protection Agency (EPA) does not have the authority to regulate the discharge of uranium mill tailings into the nation's waterways under the Federal Water Pollution Control Act (FWPCA). The...

Umatilla Waterquality Protective Ass'n v. Smith Frozen Foods, Inc.

A district court denies an environmental group's motion to reconsider its previous holding that a corporation's national pollution discharge elimination system (NPDES) permit does not apply to any discharges to groundwater. The court...