The Fifth Circuit reversed a district court ruling upholding the Army Corps of Engineers' decision to issue a CWA §404 permit to fill wetlands for a commercial and residential development project in St. Tammany Parish, Louisiana. Parish residents and environmental groups argued the Corps' decision ...
EPA entered into a proposed consent decree under the CWA in Arizona Mining Reform Coalition v. Guzman (D. Ariz.) that would obligate EPA to establish copper and lead TMDLs for Queen Creek, Arizona, by July 31, 2028, unless the Arizona Department of Environmental Quality first establishes and submits them to EPA by January 31, 2027.
A district court granted in part and denied in part summary judgment for environmental groups in a CWA/SMCRA citizen suit concerning the discharge of pollutants from surface coal mines in West Virginia. The groups argued a coal mining company violated the CWA by discharging mining pollutants at Rush...
A district court denied in part and dismissed in part two nonprofit groups' challenge to DOE's approval of a freshwater offshore wind project in Lake Erie. The groups argued DOE violated NEPA by failing to prepare an EIS and failing to take a "hard look" at reasonable alternatives and cumulative imp...
United States v. Hamilton County Water and Wastewater Treatment Authority, No. 23-cv-00225 (E.D. Tenn. Sept. 29, 2023). Under a proposed consent decree, a settling CWA defendant that allegedly discharged to waters of the United States without an NPDES permit and violated the operations and maintenance conditions of its NPDES permit must perform injunctive relief and pay a civil penalty of $598,490.
United States v. Waco Oil & Gas Co., Inc., No. 23-cv-00078 (N.D.W. Va. Sept. 28, 2023). Under a proposed consent decree, a settling CWA defendant that discharged pollutants without a permit into waters of the United States must restore impacted areas, perform mitigation, and pay a civil penalty.
On May 25, 2023, the U.S. Supreme Court dropped an absolute bombshell with its ruling in Sackett v. Environmental Protection Agency. Early assessments of Sackett underscore two vital points: much has been lost for wetlands protection, and much has changed with respect to the Court’s broader environmental law jurisprudence. This Comment delves into both of these issues, providing some background on the unique and long-running controversy that was at the heart of Sackett, and parsing the four opinions from the case.
United States v. Mount Vernon, No. 18-5845 (S.D.N.Y. Sept. 19, 2023). Under a proposed consent decree, a settling CWA defendant must take steps necessary to bring its municipal separate storm sewer system into compliance and pay a $100,000 civil penalty.
EPA revised and replaced the 2020 regulatory requirements for water quality certification under CWA §401.