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Stone v. High Mountain Mining Co., LLC

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...

Lewis v. United States

The Fifth Circuit vacated a district court ruling in a decades-long dispute over whether a property in Louisiana contains federally regulated wetlands. The property owner sued the Army Corps of Engineers, arguing its determination that the property contained federal regulated wetlands was arbitrary ...

89 FR 703

EPA approved revisions to Louisiana's SDWA §1422 Underground Injection Control Program to include Class VI injection well primary enforcement responsibility. 

89 FR 481

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. 

88 FR 89142

The U.S. Sentencing Commission seeks comment on proposed amendments to the sentencing guidelines, policy statements, and commentary.

Green Money for Western Waters: New Environmental Grants and Federal Water Pollution

Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems—some caused by the Bureau’s many dams.

Dismantling Roadblocks to a Sustainable Transition

Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to fill that gap through interviews, surveys, and focus groups with senior law firm partners experienced in advising green startups, senior pro bono counsel and staff, chief executive officers of early-stage green startups, and senior staff at nonprofit legal aid groups.

Annual Supreme Court Review and Preview

The U.S. Supreme Court's October Term 2022 had major implications for environmental law, including its most significant Clean Water Act decision ever. Upcoming cases in October Term 2023 have the potential to be just as impactful. On September 25, 2023, the Environmental Law Institute hosted a panel of experts who provided an overview of key rulings and major take-aways from the Court’s prior term, and discussed cases that have been granted review or are likely to be considered by the justices in the upcoming term.

88 FR 89309

EPA adjusted the level of the maximum and minimum statutory civil monetary penalty amounts under the statutes it administers. 

88 FR 88315

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.