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Dover, City of v. United States Environmental Protection Agency

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities challenge have not yet caused them harm, and whether cities will be ...

Ohio Valley Environmental Coalition, Inc. v. Alex Energy, Inc.

A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium limits or monitoring and reporting requirements on their face must...

El Paso Natural Gas Co. v. United States

The D.C. Circuit largely upheld the dismissal of a Native American tribe's RCRA and Uranium Mill Tailings Radiation Control Act claims against the United States and various federal agencies in connection with a former uranium mill and two hazardous waste facilities located on Navajo land. In 2010, E...

Citizens for Pennsylvania's Future v. Pittsburgh Water & Sewer Authority

A district court dismissed an environmental groups' citizen suit against a water authority for alleged CWA and state law violations in connection with the discharge of stormwater from a municipal separate storm sewer system to the Allegheny River. The groups did not argue that the authority violated...

NL Industries, Inc. v. ACF Industries

A district court granted in part and denied in part motions to dismiss a corporation's CERCLA suit against an electronics company for costs incurred cleaning up lead contamination at a New York Superfund site. The electronics company, which had operated a steel plant and foundry on the site, claimed...