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Preisler v. Kuettel's Septic Service, LLC

A Wisconsin appellate court held that insurance companies have no duty to defend a septic pumping service in an underlying case concerning well water contamination. Dairy farmers filed suit against the service for alleged well water contamination. The pumping service sought coverage from its insured...

Florida Wildlife Federation v. McCarthy

A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria, but for some waters, the criteria are not numeric. EPA then sought to modify the consent decree so that t...

United States v. Tuma

The Fifth Circuit upheld the conviction and sentencing of the former owner of a wastewater treatment facility who allowed the disposal of untreated wastewater into U.S. waters without a permit. The former owner argued that the lower court erred in excluding evidence about the lack of environmental h...

Sierra Club v. BNSF Railway Co.

A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways. At issue was whether coal dust from rail cars that falls onto land, rather than directly into the waters, of...

Ohio Valley Environmental Coalition v. FOLA Coal

A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit shield defense protected it from liability because selenium was not a pollutant whose discharge was limited u...

Jones v. National Marine Fisheries Service

The Ninth Circuit held that the U.S. Army Corps of Engineers did not violate the CWA or NEPA when it issued a dredge and fill permit necessary for a mineral sands mining project near Coos Bay, Oregon. An environmental group argued that the Corps should have prepared an EIS, rather than an EA and FON...

Wildearth Guardians v. Jewell

The D.C. Circuit affirmed the dismissal of environmental groups' lawsuit challenging BLM's decision to lease two tracts of land in the Wyoming Powder River Basin for coal mining. The groups argued that BLM failed to adequately consider several environmental concerns, including the increase in local ...