The Eleventh Circuit held that a district court erred in determining as a matter of law that Florida's impaired waters rule did not establish new or revised water quality standards and therefore was not subject to nondiscretionary review by the U.S. Environmental Protection Agency (EPA). Contrary to...

The Sixth Circuit invalidated and remanded an EPA final rule that created and set regulations for two new subcategories under the coal mining point source category—the coal remining subcategory and the western alkaline coal mining subcategory. EPA reasonably concluded that it may create regulation...

The Sixth Circuit held that although a town's trespass claim against a factory was barred by the statute of limitations, the lower court incorrectly applied the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Michigan Natural Resources and Environmental Protect...

The Fourth Circuit held that §1926(b) of the Consolidated Farm and Rural Development Act does not bar a county from providing water service to two new commercial developments presently under construction adjacent to a water association's service area. The water association is an "association" withi...

The Eighth Circuit held that a dispute concerning who will supply water to certain property owners in Missouri is not ripe for review. Property owners filed suit in state court seeking to detach their property from the water district area so that it could obtain water from a city instead of from the...

The Third Circuit affirmed in part, vacated in part, and remanded in part a district court order finding a company liable and assessing penalties against it for violating the CWA at five of its manufacturing facilities. Contrary to the district court's holding, the laboratory error defense—where t...

The D.C. Circuit held that EPA's letter to a trade association reiterating its earlier position on emissions labeling of nonroad engines did not constitute a reviewable agency action and, thus, the court dismissed the case for lack of jurisdiction under CAA §307(d). In its letter, EPA stated that m...

The Sixth Circuit affirmed a lower court judgment against a developer for violating the CWA by discharging fill material into protected wetlands. The judgment was supported by the evidence and not clearly erroneous. The waters at issue in this case are interconnected with traditional navigable water...

The court remands the National Park Service's (NPS') record of decision (ROD), supplemental environmental impact statement (SEIS), and 2003 final rule allowing snowmobiling and trail grooming to continue in the Yellowstone National Park, the Grand Teton National Park, and the John D. Rockefeller Jr....

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer. The owners, who began experiencing various health problems after living in the home for six years, ...