A district court granted EPA's motion to amend a consent decree requiring it to adopt numeric criteria for Florida's waters unless the state does so first. Florida adopted new nutrient criteria,…
A district court held a mining company liable under SMCRA and the CWA for discharging excessive amounts of selenium into the waters of West Virginia. The company argued that the CWA's permit…
A district court dismissed environmental groups' lawsuit challenging EPA's "authorization" of pollution trading and offsets outlined in its 2010 TMDL for the Chesapeake Bay. The groups wanted…
The Seventh Circuit held that a town may not assess stormwater management fees on Indian lands located within the town's borders. The town passed an ordinance allowing it to assess fees on all…
A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to…
A Wisconsin court held that the state environmental agency should have considered impacts on downstream water quality when it issued a state pollutant discharge elimination system permit to an…
A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies the necessary…
A district court held that EPA cannot regulate stormwater as a pollutant under the CWA. According to the court, the language of CWA §303(d)(1)(C) is clear. EPA may set TMDLs to regulate pollutants…
A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by…
A district court upheld EPA's rule setting numeric nutrient criteria for Florida except in two respects: the stream criteria and the default downstream-protection criteria for unimpaired lakes.…