Water

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook…

A district court held the CWA's citizen suit provision does not allow for judicial review of EPA's decision to disapprove Maine's water quality standards. In 2015, EPA issued a…

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical…

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other…

A district court held that environmental groups may go forward with some, but not all, of their CWA claims against TVA concerning coal ash contamination stemming from a coal-fired power plant near…

A district court held that environmental groups have standing to sue EPA under the APA and CWA for its failure to disapprove West Virginia's §303(d) list, which lacks TMDLs for waterbodies…

The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain…

A district court ordered EPA to promulgate revised water quality standards for Washington state by September 15, 2016, or, in the alternative, by November 15, 2016, if the state submits its own…

The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin…

The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a…