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Ohio Valley Environmental Coalition, Inc. v. McCarthy
A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies previously identified as "biologically impaired." The groups' members use some, but not all, impaired waterbod...
Tennessee Clean Water Network v. Tennessee Valley Authority
A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near Gallatin, Tennessee. The groups allege that TVA knew that the ash ponds' construction and the area's to...
Pesticide Action Network North America v. U.S. Environmental Protection Agency
The Ninth Circuit denied EPA's request for an additional six months to take final action on its proposal to ban the pesticide chlorpyrifos in response to an administrative petition filed nearly nine years ago. EPA claimed that "extraordinary circumstances" warranted the extension because it needed a...
Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers
The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters. The 2012 version of NWP 21 contains two new provisions, a g...
Puget Soundkeeper Alliance v. United States Environmental Protection Agency
A district court ordered EPA to promulgate revised water quality standards for Washington state by September 15, 2016, or, in the alternative, by November 15, 2016, if the state submits its own water quality standards by September 15. A key factor in determining the requisite water quality standards...
Mingo Logan v. Environmental Protection Agency
The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a mountaintop coal mining project in West Virginia. The areas withdrawn make up roughly 88% of the total discharge a...
Ohio Valley Environmental Coalition v. United States Army Corps of Engineers
The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit to a surface coal mine. Environmental groups challenged the adequacy of the Corps' environmental review, arguing that the Corps violated NEPA and the CWA by failing to consider evidence that surface coal...