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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...
Clean Water Action Council of Northeastern Wisconsin, Inc. v. United States Environmental Protection Agency
The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources count as part of the emissions baseline and not toward the overal...
In re Oil Spill by the Oil Rig “Deepwater Horizon”
A district court issued its findings of fact and conclusions of law regarding phase one of the Deepwater Horizon oil spill trial, holding various companies liable for the spill. In the 150+-page opinion, the court determined that BP Exploration & Production, Inc., is subject to enhanced civil pe...
Sierra Club v. Energy Future Holdings Corp
A district court ordered an environmental group to pay $6.4 million in attorney fees in a citizen suit it filed against the owners of a Texas coal-fired power plant for alleged CAA violations. Below, the court dismissed the group's claims that the plant violated the Act's particulate matter (PM) and...
Ohio Valley Environmental Coalition, Inc. v. United States Environmental Protection Agency
A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in Boone County, West Virginia. Environmental groups challenged the permit, arguing that the Corps failed to ...
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 ...
Sierra Club v. U.S. Environmental Protection Agency
The Ninth Circuit vacated and remanded EPA's decision to issue a PSD permit allowing a power company to build and operate a 600 megawatt natural gas-fired power plant. EPA missed the one-year statutory deadline to grant or deny the permit; during this same period, EPA tightened the applicable air qu...
United States v. Hamilton
A district court upheld a jury verdict that a Wyoming farmer who discharged material into a creek on his property without a permit was exempt from the CWA's permitting requirements. Below, the jury found in the farmer's activities fell under the CWA's "normal farming and ranching activities" exempti...