Alaska Community Action on Toxics v. Aurora Energy Services, LLC
The Ninth Circuit held that the owner and operator of a coal export terminal may be held liable under the CWA for non-stormwater discharges of coal into Resurrection Bay, Alaska. Because the facility has been covered under the Multi-Sector General Permit for Stormwater Discharges Associated with Ind...
Ohio Valley Environmental Coalition, Inc. v. United States Environmental Protection Agency
A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in Boone County, West Virginia. Environmental groups challenged the permit, arguing that the Corps failed to ...
El Dorado Chemical Co. v. United States Environmental Protection Agency
The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant. Arkansas adopted the revisions after the plant initiated a third party rulemaking to increase the levels of ...
Sierra Club v. Jewell
The D.C. Circuit held that environmental groups have standing to challenge DOI's decision to remove the Blair Mountain Battlefield—the site of a large 1921 coal miner uprising in West Virginia—from the National Register of Historic Places. Shortly after the Battlefield was listed in 2009, the si...
United States v. Hamilton
A district court upheld a jury verdict that a Wyoming farmer who discharged material into a creek on his property without a permit was exempt from the CWA's permitting requirements. Below, the jury found in the farmer's activities fell under the CWA's "normal farming and ranching activities" exempti...