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., full_html...
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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 standards after disapproving Idaho's revision of those standards v...
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 the county violated the CWA by failing to obtain an NPDES permit f...
National Parks Conservation Ass'n v. Federal Energy Regulatory Commission
The Ninth Circuit upheld FERC's denial of an environmental group's motion to intervene in post-licensing deadline extension proceedings for a hydroelectric project in California. The group had argued that FERC violated Rule 214 of the Commission's regulations in denying intervention and §6 of the F...
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 Pollutant Discharge Elimination System (WPDES) permit it reissued to ...
California Restaurant Ass'n v. Berkeley, City of
A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Poli...
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 climate change factors at its petroleum storage and distributio...
Vote Solar v. Farmington, City of
The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district c...
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 into groundwater that in turn entered the Middle Fork of the Verm...