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National Wildlife Federation v. United States Environmental Protection Agency
A district court dismissed an environmental group's APA lawsuit against EPA challenging 40 C.F.R. §124.55(b), which pertains to state certification of discharge permits issued by the Agency under the CWA. Specifically, the group challenged the portion of §124.55(b) that prohibits EPA from modifyin...
Duke Energy Progress, Inc. v. Alcan Aluminum Corp.
A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site. The court had issued two orders concerning the site—one i...
Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers
The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia. Environmental groups challenged the permit on two grounds. First, they argued that the Corps made "a material factual error" and "misapprehended" the baseline con...
Alaska Community Action v. U.S. Environmental Protection Agency
A district court dismissed as time barred environmental groups' CWA and APA claims challenging EPA's list of dispersants and other projects that may be used in the event of an oil spill. The groups asserted that the list, called the NCP Product Schedule, fails to specify the waters or quantities in ...
United States v. Southern Union Co.
A district court held that community service having a value no more than $500,000 would be an appropriate sentence for a pipeline operator that stored liquid mercury at one of its facilities without a permit. Below, a trial court imposed an $18 million fine against the company, but the sentence was ...