A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia.…
The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The…
The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious. Petitioners argued that EPA did not…
The Sixth Circuit vacated a U.S. Environmental Protection Agency (EPA) rule exempting from the Clean Water Act's (CWA's) national pollutant discharge elimination system (NPDES)…
The U.S. Supreme Court vacates and remands for further proceeding two Sixth Circuit opinions holding that the U.S. Army Corps of Engineers (the Corps) had jurisdiction over state wetlands adjacent…
The U.S. Supreme Court holds that the national pollutant discharge elimination system (NPDES) permit program applies not only to point sources that generate pollutants, but also to point sources…
The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) when it issued a permit to a developer that planned to fill wetlands for a mixed…
The court holds that the U.S. Army Corps of Engineers did not violate the National Environmental Policy Act (NEPA) or act arbitrarily or capriciously in granting a developer a permit to fill…
The court holds that the U.S. Army Corps of Engineers properly granted a riverboat casino operator a Clean Water Act (CWA) and Rivers and Harbors Appropriations Act permit to construct and operate…
The court holds that summary judgment was improvidently granted in favor of the U.S. Army Corps of Engineers in a suit brought by property owners who claimed that the Corps' refusal to grant…