Clean Water Act (CWA)

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in…

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to…

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule…

A district court dismissed an environmental groups' lawsuit challenging EPA's decision to stay a 2015 CWA rule concerning effluent limitations for steam electric power plants. The rule addressed…

The Fourth Circuit held that citizens may bring suit alleging a violation of the CWA when the source of the pollution is no longer releasing the pollutant, but the pollutant continues to be…

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could…

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential,…

The Ninth Circuit held that Maui County is liable for illegally discharging treated wastewater that seeped through groundwater into the Pacific Ocean. The County owns and operates four wells at…

The Ninth Circuit upheld the criminal conviction of a Montana resident for violations of the CWA. The resident was sentenced to 18 months in prison and had to pay a $130,000 fine for digging ponds…

A Minnesota appeals court held that the state Department of Natural Resources (DNR) erred by not obtaining a federal permit for a construction project that affected a lake's water level. …