A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States if ...
A district court held that a coal company violated the CWA and SMCRA by discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the environmental group's lawsuit should be dismissed because it had already entered into a consent decree with the state enviro...
A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the company prove that the company violated West Virginia's water q...
A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities challenge have not yet caused them harm, and whether cities will be ...
A district court issued a memorandum opinion and order holding that the West Virginia Department of Environmental Protection may temporarily, but not indefinitely, suspend the requirement that permit holders that do not have selenium limits or monitoring and reporting requirements on their face must...
A district court dismissed an environmental groups' citizen suit against a water authority for alleged CWA and state law violations in connection with the discharge of stormwater from a municipal separate storm sewer system to the Allegheny River. The groups did not argue that the authority violated...
In a 100+ page opinion, a district court vacated EPA's water transfers rule, which excludes water transfers that convey or connect "waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use" from the CWA's NPDES permitting requiremen...
A district court held that plaintiffs may go forward with their CWA citizen suit against the U.S. Bureau of Reclamation and a California water authority in a case involving the need for a NPDES permit for an irrigation project jointly administered by the two agencies. The plaintiffs pled sufficient ...
A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways. At issue was whether coal dust from rail cars that falls onto land, rather than directly into the waters, of...