A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the company prove that the company violated West Virginia's water q...

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 ...

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain language ap...

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...

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...