Water

The Eleventh Circuit remanded the U.S. Army Corps of Engineers' conclusion that Nationwide Permit 21 (NWP 21), a general permit that allows surface coal mining operations to discharge dredged…

A district court held that EPA does not have a mandatory duty to review an amendment to the Pennsylvania Sewage Facilities Act under the CWA. The amendment allows the use of certain on-lot sewage…

A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law…

A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or…

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer…

The D.C. Circuit upheld DOI's five-year plan for oil and gas leases on the outer continental shelf (OCS). A nonprofit group argued that the 2012-2017 leasing schedule violated §18(a) of the…

The U.S. Supreme Court adopted a Special Master's determination that Nebraska "knowingly failed" to comply with its obligations under a 2002 settlement agreement that resolved an…

A district court dismissed a flood protection board's lawsuit against 88 oil and gas companies for damages stemming from coastal erosion along a "buffer zone" in southeast Louisiana…

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general…

A district court held a West Virginia coal mine liable under the CWA for discharging excessive amounts of ionic pollution, measured as conductivity and sulfates, into the waters of West Virginia…