Clean Water Act (CWA)

A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the…

The Sixth Circuit reversed, 2-1, a district court ruling that required the Pipeline and Hazardous Materials Safety Administration (PHMSA) to comply with the ESA and NEPA before approving an oil…

A district court denied EPA's motion to dismiss a lawsuit concerning its duty to update its National Contingency Plan (NCP) for addressing oil and hazardous substance contamination.…

The U.S. Supreme Court held, 6-3, that the "functional equivalent of a direct discharge" of pollutants requires a CWA permit, and remanded for consideration of whether a discharge of…

A district court dismissed a challenge to EPA's decision to withdraw proposed restrictions pursuant to CWA §404(c) for the proposed Pebble Mine in Southwest Alaska. Nonprofit groups argued…

A district court dismissed a challenge to a pipeline company's failure to seek a CWA permit for construction of a natural gas pipeline in Pennsylvania. A conservation group argued the company…

A district court upheld a CWA §404 permit the U.S. Army Corps of Engineers granted to authorize the Maryland Transit Administration (MTA) to discharge dredge-and-fill materials into nearby waters…

A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an…

The Seventh Circuit affirmed dismissal of a challenge to the Michigan Department of Environmental Quality's approval of a CWA §404 permit for a proposed mine along the Menominee River. A…

The Ninth Circuit affirmed judgment for environmental groups in a CWA challenge to compel EPA to develop and issue long-overdue temperature TMDLs for the Columbia and Snake Rivers. The groups…