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diligent prosecution

Tennessee Clean Water Network v. Tennessee Valley Authority

ELR Case

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege...

Ohio Valley Environmental Coalition v. Consol of Kentucky

ELR Case

A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it...

California Sportfishing Protection Alliance v. Chico Scrap Metal, LLC

ELR Case

The Ninth Circuit reversed a lower court decision dismissing a conservation group's CWA citizen suit alleging that a scrap metal company violated California's general NPDES permit for industrial stormwater at three of its scrap...

Louisiana Environmental Action Network v. City of Baton Rouge

ELR Case

The Fifth Circuit reversed and remanded a lower court decision dismissing an environmental group's CWA action against a city for violations at its wastewater treatment plants. The lower court erred in ruling that a 2002 consent...

Ohio Valley Environmental Coalition v. Maple Coal Co.

ELR Case

A district court held that environmental groups are entitled to injunctive relief and civil penalties in their CWA citizen suit against a coal company for violating the water quality standards for selenium set forth in its permit....

SPS Ltd. Partnership, LLLP v. Severstal Sparrows Point, LLC

ELR Case

A district court granted in part and denied in part motions to dismiss a shipyard owner's CERCLA, RCRA, and tort law claims against...

Chesapeake Bay Foundation v. Severstal Sparrows Point, LLC

ELR Case

A district court held that environmental groups may pursue a RCRA claim against the current and former owners of a steel mill for...

Adkins v. VIM Recycling, Inc.

ELR Case

The Seventh Circuit reversed and remanded a lower court decision dismissing residents' RCRA lawsuit against a nearby...

Sierra Club v. Elk Run Coal Co.

ELR Case

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with...