The U.S. Supreme Court held that an energy company and a water supply company can intervene in a water rights dispute between North Carolina and South Carolina but that a city may not. South Carolina filed suit against North Carolina seeking an equitable apportionment of the Catawba River's waters. ...

The Eleventh Circuit affirmed a lower court decision vacating CWA §404 permits the U.S. Army Corps of Engineers issued to several limestone mining corporations in Florida's Lake Belt region. Before the Corps may issue a §404 permit, it must define the project's basic purpose and determine whether ...

A district court denied a company’s motion to dismiss the claims of the Pennsylvania Department of Environmental Protection (PADEP) to recover under CERCLA costs it incurred to cleanup Strontium-90 (Sr-90), a radioactive and hazardous nuclear byproduct material, from the Quehanna Wild Area Nuclear...

A district court granted an environmental group’s motion to reconsider its ruling that CAA §304(a)(1) does not permit the group to bring a citizen suit against the state of Ohio for failing to enforce and implement the Ohio SIP. The Ohio EPA adopted revised Ohio Administrative Code §3745-31-05(A...

A district court denied water districts’ motion for a temporary restraining order against the implementation of a reasonable and prudent alternative (RPA) set forth in a NMFS biological opinion prepared pursuant to the ESA. The RPA, which put in place certain pumping restrictions, was implemented ...

A district court held that the inspector and loader of an oil tank car that ultimately spilled were not operators for purposes of CERCLA. Based on the clear statutory language, legislative history and case law, operator liability is limited to those who operated a facility at the time of disposal. A...

The Second Circuit affirmed in part and reversed in part a lower court judgment relating to a PRP’s action against defendants under CERCLA and state law for contribution costs resulting from the identification and cleanup of hazardous substances on certain parcels of real property. The PRP settled...

A district court granted a motion to dismiss certain counts related to the PSD provisions of the CAA against an owner and operator of six coal-fired power plants. Plaintiffs, the United States and the state of Illinois, asserted, among other things, that the owner/operator violated, and continues to...

A district court granted in part and in denied in part environmental group’s motion for summary judgment with respect to their claims brought pursuant to the APA that the National Park Service (NPS) and Federal Highway Administration (FHwA) violated the Wild and Scenic Rivers Act (WSRA), Organic A...

A district court denied defendants’ motion to dismiss an environmental group’s claims under the citizen suit provisions of RCRA to abate an alleged imminent and substantial endangerment to human health and the environment posed by trichloroethylene and perchloroethylene disposed at a landfill. D...