The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit vacated two EPA letters announcing new legislative rules for water treatment processes at mu...

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state since a...

A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site until 1982, for response costs the Agency occurred or would incur ...

The Oregon Supreme Court ruled that a company that ran a waste treatment and disposal facility was liable for transporting hazardous waste without the proper manifest forms. The company contracted to transport waste from a polymer manufacturer's factory to its treatment facility. The company had pre...

A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper-making process over the course of 100 years. A commercial prope...

A district court denied EPA's motion to dismiss a claim by environmental groups that the Agency must review California's emergency waiver of federal water quality standards. In the wake of an historic drought, California's governor issued a Drought Emergency Proclamation and directed the State Water...