United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.
EPA Region 10 reissued the NPDES general permit for federal aquaculture facilities and aquaculture facilities located in Indian country in Washington.
The Tenth Circuit reversed a district court finding of a CWA violation in a citizen suit brought against the operator of a gold mine in Colorado. Plaintiffs argued the operator violated the CWA because seepage from the mine's settling ponds flowed into the groundwater and then migrated to the Middle...
United States v. New Hampshire, No. 1:18-cv-00996-PB. Under a proposed modified consent decree, a settling CWA defendant that allegedly violated an NPDES permit by exceeding its discharge limits for total phosphorus and pH, which contributed to contamination, eutrophication, and the growth of toxic cyanobacteria in the Merrymeeting River must achieve compliance with the CWA and its permit by the end of 2025.
EPA proposed to promulgate an aquatic life designated use that includes propagation and protective water quality criteria for dissolved oxygen for Zone 3, Zone 4, and upper Zone 5 of the Delaware River.
EPA proposed to establish new and revised human health water quality criteria for certain pollutants in the state of Florida.
United States v. Chattanooga, City of, No. 1:12-cv-00245 (E.D. Tenn. Dec. 3, 2023). A proposed modification to an existing consent decree concerning a settling CWA defendant’s alleged violations with respect to the city's POTWs extends certain deadlines to achieve compliance with the consent decree while adding significant remedial projects that must be completed within five years.
The Ninth Circuit affirmed summary judgment for an environmental group in a suit against a California resident who engaged in instream suction dredge mining in Idaho’s South Fork Clearwater River without an NPDES permit. The group argued the resident violated the CWA each time he operated a suctio...