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Anglers of the AuSable Inc. v. Department of Environmental Quality

The Michigan Supreme Court held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manifestly unreasonable and that the state agency should be held accou...

In re Chaney Enterprises Ltd.

A Maryland court remanded certain provisions in a general discharge permit for mining operations and concrete plants. Petitioners—the owners of mining companies and concrete manufacturing plants throughout the state of Maryland—correctly argued that the wet weather total suspended solids numeric...

Greater Yellowstone Coalition v. Lewis

The Ninth Circuit held that BLM and the U.S. Forest Service did not violate the CWA, NEPA, or the National Forest Management Act (NFMA) in approving a proposed mine expansion project in the Caribou National Forest. After evaluating the data, the agencies determined that remediation efforts w...

Friends of the Earth, Inc. v. Gaston Copper Recycling Corp.

The Fourth Circuit reversed and remanded a district court's imposition of penalties against the former owner of a metals smelting facility for CWA violations. The environmental groups that filed suit against the company had standing, as they demonstrated that one of their members used an are...

Conservation Law Foundation, Inc. v. Patrick

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive relief. Once a co...

Sierra Club v. United States Army Corps of Engineers

The Eleventh Circuit vacated a lower court decision remanding a permit issued by the U.S. Army Corps of Engineers back to the agency and enjoining a mining company from conducting operations approved in that permit. The lower court concluded the permit's issuance did not comply with the requirements...

Entergy Nuclear Generation Co. v. Department of Environmental Protection

Massachusetts' highest court vacated a nuclear power company's action seeking a judgment declaring that state regulations governing cooling water intake structures (CWIS) exceeded the state environmental agency's authority under the commonwealth's Clean Waters Act. A lower court ruled that the ...

Anglers of the AuSable, Inc. v. Department of Environmental Quality

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed was manife...

Newton-Enloe v. Horton

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state legislature as required by state law. The department argued before the trial court that the statutory m...

Wollmer v. City of Berkeley

A California appellate court held that a city did not violate the California Environmental Quality Act (CEQA) when it approved an affordable housing project. In approving the project, the city concluded that the project satisfied the categorical exemption for in-fill development projects. Altho...