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Davis v. Administrator of the United States Environmental Protection Agency
The Eleventh Circuit affirmed a lower court decision dismissing individuals' claims that a city violated its NPDES permit for municipal separate storm sewer systems (MS4s). They alleged that the city's MS4 discharges into an estuary are causing and contributing to ongoing violations of the water...
Consolidated Salmonid Cases
A district court, in a 279-page opinion, held that NOAA-Fisheries' 2009 biological opinion (BiOp) and reasonable and prudent alternative (RPA) addressing Central Valley Project and State Water Project impacts on Chinook salmon, steelhead, green sturgeon, and Southern Resident killer whales are a...
Assateague Coastkeepers v. Maryland Department of the Environment
A Maryland appellate court held that the state's general discharge permit for animal feeding operations complies with the CWA and state law. The general permit authorizes certain discharges but imposes requirements regarding the management of manure and its application as fertilizer. Environment...
Hugo v. Nichols
The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause. The claims at issue here are based on a substantive provisi...
Puget Soundkeeper Alliance v. BNSF Railway Co.
A district court held that a railroad company that operates a railroad-transportation facility in Seattle, Washington, violated the terms of its NDPES permit in violation of CWA §402 and discharged pollutants into U.S. waters in violation of CWA §301. The court granted in part an environmental...
Ohio Valley Environmental Coalition v. Maple Coal Co.
A district court held that environmental groups are entitled to injunctive relief and civil penalties in their CWA citizen suit against a coal company for violating the water quality standards for selenium set forth in its permit. Although an enforcement action was already ongoing in state court...
Holy Cross Neighborhood Ass'n v. U.S. Army Corps of Engineers
A district court enjoined the U.S. Army Corps of Engineers from continuing with its Industrial Canal Lock Replacement Project in New Orleans until it complies with NEPA and the CWA. The canal is a manmade waterway that provides access from Lake Pontchartrain and the Gulf Intercoastal Waterway to...
Michigan v. United States Army Corps of Engineers
The Seventh Circuit denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. The states presented sufficient evidence to d...