The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued that because it disclosed the pollutants that it knew or had rea...

The Seventh Circuit upheld the dismissal of a lawsuit brought by five states bordering the Great Lakes in which they seek to compel the U.S. Army Corps of Engineers to take immediate action to prevent invasive Asian carp from crossing into Lake Michigan. The five states—Michigan, Ohio, Wisconsin, ...

The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination Process memorandum, which concerns CWA §404 mining permit applications, as well as an EPA guidance document relating to such permits, against challenges from the mining industry and two states. The Enhanced Co...