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People v. PricewaterhouseCoopers LLP

A New York court ordered an oil company and its financial consultant to turn over documents in response to a subpoena issued by the New York Attorney General in connection with his investigation of the company's alleged misrepresentations about the impact of climate change on the company's business....

Exxon Mobil Corp. v. Healey

A district court ordered an oil company and the Massachusetts Attorney General (AG) to produce more documents in a suit involving a civil investigative demand (CID) over the company's alleged attempts to cover up research about climate change so that the court could determine whether the case should...

Quad Cities Waterkeeper, Inc. v. Ballegeer

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green River during its construction and maintenance of a levee. The com...

Murray Energy Corp. v. United States Department of Defense

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners argued that the litigation record omits several materials that were...

Ohio Valley Environmental Coalition, Inc. v. McCarthy

A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired." The groups' members use some, but not all, impaired waterbod...

Tennessee Clean Water Network v. Tennessee Valley Authority

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege that TVA knew that the ash ponds' construction and the area's to...

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. The 2012 version of NWP 21 contains two new provisions, a g...