The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued that because it disclosed the pollutants that it knew or had rea...

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...

The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination Process memorandum, which concerns CWA §404 mining permit applications, as well as an EPA guidance document relating to such permits, against challenges from the mining industry and two states. The Enhanced Co...