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<i>Waterkeeper Alliance, Inc. v. EPA</i>: Why It Is Important

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was not a win for either side of the debate, as it requires permitting authorities to review and incorporate nutrient management plans into their permits, but prevents EPA from requiring CAFOs to apply for permits based solely on their potential to discharge pollutants to U.S. waters.

Bouchard Transp. Co. v. Updegraff

The court holds that a district court erred in ruling that Florida is entitled to Eleventh Amendment immunity in a limitation of liability proceeding, but it correctly dismissed the Oil Pollution Act of 1990 (OPA) and Florida Pollution Discharge Prevention Act claims brought against the owners of th...

Bayou Liberty Ass'n v. Corps of Eng'rs

The court holds that an environmental group is not entitled to a preliminary injunction suspending a proposed retail development's construction permit and ordering the U.S. Army Corps of Engineers to prepare an environmental impact statement (EIS) addressing the development's impact on flooding. The...

Bragg v. Robertson

The court upholds as reasonable and fair a settlement agreement in a citizen suit challenging the federal government's failure to perform Federal Water Pollution Control Act (FWPCA) duties concerning mountaintop mining in West Virginia. The agreement purported to settle environmental groups' claims ...

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges occurred when the landowner was harvesting timber and developin...

Cottrell, Ltd. v. Biotrol Int'l, Inc.

The court holds that a cleaning product company may pursue its Lanham Act claims against a competitor for allegedly making false and misleading representations on its product label. The court first holds that the district court properly dismissed under Fed. R. Civ. P. 12(b)(6) the company's claim th...

Hart v. Bayer Corp.

The court holds that a district court lacked subject matter jurisdiction over crop owners' state-law claims against various pesticide corporations and, thus, the corporations improperly removed the claims to federal court. The court first holds that the Federal Insecticide, Fungicide, and Rodenticid...

Chlorine Chemistry Council v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) violated Safe Drinking Water Act §1412(b)(3)(A)'s statutory mandate to use the best available evidence when it implemented the chloroform maximum contaminant level goal (MCLG). During rulemaking for the chloroform MCLG, EPA ostensi...

Arizona v. California

The U.S. Supreme Court holds that a Native American tribe's and U.S. claims to additional water rights from the Colorado River are not precluded by a previous Court decision or by a 1983 consent decree entered into by the United States and the tribe. The tribe's and the government's present claims a...

Barstow, City of v. Mojave Water Agency

The court holds that a trial court erred in resolving water right priorities in an overdrafted basin with a "physical solution" that relies on the equitable apportionment doctrine but does not consider the affected owners' legal rights in the basin. Landowners who had overlying water rights in the M...