A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES permit requirement. The case involves a poultry farmer who operate...

A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and whether ...

A California appellate court held that California's Commission on State Mandates erred in ruling that certain requirements set forth in a municipal stormwater sewer permit for Los Angeles County constituted unfunded state mandates subject to reimbursement under the state constitution. Although the p...

A district court held that a property owner may go forward with its CERCLA claims against several retail stores in connection with contamination stemming from the property, but dismissed the owner's RCRA claims. The owner entered into a consent order with Oklahoma's environmental agency that set for...

The Second Circuit vacated and remanded a lower court decision dismissing as time barred New York's CERCLA claims against several defendants for costs a town incurred investigating and addressing groundwater contamination stemming from the New Cassel Industrial Area. The lower court held that the st...