EQT Production Co. v. Pennsylvania Department of Environmental Protection
A Pennsylvania court held that the state Clean Stream Law does not authorize ongoing penalties for the continuing presence of industrial waste in a waterway following its initial entry. In 2012, a waste company informed the state enviromental agency that a subgrade impoundment containing impaired wa...
Catskill Mountains Chapter of Trout Unlimited v. EPA
The Second Circuit overturned a district court ruling that a 2008 EPA rule exempting water transfers from NPDES permitting requirements was contrary to the requirements established by the CWA. Several environmental groups brought suit against the Agency, arguing that water transfers can&nb...
United States v. DTE Energy Company
The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an...