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Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement
A district court held that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) did not violate NEPA or the ESA when it accepted over 300 bids for oil and gas drilling in the Gulf of Mexico following the Deepwater Horizon disaster. An environmental group argued that the ag...
Bair v. Caltrans,
A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl. There are a number of discrepancies and omiss...
Florida Clean Water Network v. United States Environmental Protection Agency
A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency. An environmental group argued that EPA's decision was arbitrary and capricious. In order ...
United States v. Hampton Roads Sanitation Department
A district court held that a local sanitation department that owns and operates a complex sanitary sewer conveyance system and 13 wastewater treatment plants must pay penalties for the unintended discharge of sewage following heavy rainfall in the spring of 2010. The department previously entere...
United States v. Wilmoth
The Eleventh Circuit upheld a restaurant manager's conviction for conspiring to illegally dump restaurant grease into U.S. waters in violation of the CWA. The evidence was easily sufficient to sustain a finding that he conspired to intentionally violate the CWA. He was the supervisor of four res...
Louisiana Environmental Action Network v. City of Baton Rouge
The Fifth Circuit reversed and remanded a lower court decision dismissing an environmental group's CWA action against a city for violations at its wastewater treatment plants. The lower court erred in ruling that a 2002 consent decree between the city and the U.S. government requiring the city t...
North Carolina Wildlife Federation v. North Carolina Department of Transportation
The Fourth Circuit held that the Federal Highway Administration and the North Carolina Department of Transportation violated NEPA when they approved the construction of a 20-mile toll road. In calculating the "no-build" baseline as part of their alternatives analysis, the agencies relied on data...
Atchafalaya Basinkeeper v. Chustz
The Fifth Circuit held that the CWA does not provide citizens the right to sue to enforce the conditions of §404 permits. Environmental groups filed a citizen suit against the Atchafalaya Basin Program, alleging that it violated its dredge and fill permit for Bayou Postillion in Iberia Parish, ...