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Kunaknana v. United States Army Corps of Engineers

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site. The group's members have not demonstrated the requisite injury in...

Hawai'i Wildlife Fund v. County of Maui

A district court held that a Hawaiian county illegally discharged wastewater into the ocean through groundwater injection wells in violation of the CWA. An environmental group sued the county, seeking to compel it to apply for and comply with the terms of an NPDES permit, and to pay civil penalties ...

Alec L. v. McCarthy

The D.C. Circuit dismissed teenagers' lawsuit against the federal government for failing to cap greenhouse gas emissions. Invoking the federal question statute, 28 U.S.C. §1331, as the basis for subject matter jurisdiction, the minors alleged that the federal defendants are trustees of essential na...

Ohio Valley Environmental Coalition v. Elk Run Coal Co.

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits. The companies argued that the court could not rule in the groups' favor becaus...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States if ...

Ohio Valley Environmental Coalition v. Consol of Kentucky

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 had already entered into a consent decree with the state enviro...

Ohio Valley Environmental Coalition v. Marfork Coal Co.

A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the company prove that the company violated West Virginia's water q...

Dover, City of v. United States Environmental Protection Agency

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities challenge have not yet caused them harm, and whether cities will be ...

North Dakota v. Heydinger

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain language ap...