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Riverkeeper, Inc. v. Wheeler
A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the suit because EPA had a discretionary, rather than nondiscretionary...
Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.
A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an environmental group did not have standing to sue because it failed to n...
National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation
The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western New York. The pipeline company argued that the Department's denial...