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Ohio Valley Environmental Coalition v. Fola Coal Co.

A district court denied a mining company's motion for partial judgment in a case filed against it for alleged CWA and SMCRA violations. Environmental groups alleged that the mine violated narrative water quality standards and, therefore, the CWA and the SMCRA, by discharging excessive amounts of ion...

Pebble Limited Partnership v. United States Environmental Protection Agency

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of southwest Alaska. Alaska, which owns the land, as well as the company that owns the underlying mineral ri...

Mingo Logan v. U.S. Environmental Protection Agency

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA withdrew the permit's designation of the streams as disposal sites after determining that the discharges would...

Alaska Community Action on Toxics v. Aurora Energy Services, LLC

The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-Sector General Permit for Stormwater Discharges Associated with Ind...

El Dorado Chemical Co. v. United States Environmental Protection Agency

The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant. Arkansas adopted the revisions after the plant initiated a third party rulemaking to increase the levels of ...