The Fourth Circuit upheld over $22 million in damages that an energy company was ordered to pay to a Virginia utility because the coal supplied to a new power plant was of such poor quality it couldn't initially be used. When the plant was commissioned, the utility entered into an option contract to...

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...