An EPA ALJ today ruled in EPA's favor in a CAFO enforcement action in Armstrong, Iowa. A copy of the 108-page decision is attached below....

The Corps and EPA recently released the joint memo on interpreting the 404(f)1)(C) ditch exemption. Given that most ditches are no longer...

On September 14, EPA filed a motion to dismiss an enviro group challenge to the new 401 cert. rule on the grounds that the challenge is n...

The Delaware Riverkeeper case below is an interesting attorney fee case. You seldom see the defendant seeking its fees. For those interes...

Here are five new cases dealing with global warming, train derailments, 404 permit challenges and an industrial stormwater settlement. Th...

The N.D. of California yesterday overturned a 2019 EPA JD that found the Carghill Salt Ponds in San Francisco to be not covered by the CW...

The courts issued 14 new CWA opinions this past week, which is an extraordinary number of new cases in a week. It'll take me a few days t...

There are two WOTUS cases pending in the W.D. of Washington, one by a collection of enviro groups and another by the Washington Cattlemen...

Here are three new CWA cases. And here's judicial ire you never want to see directed at you: "The staggering irony underlying [defendant'...

Yesterday, I wrote about the difficulty of determining whether a stream is intermittent or ephemeral under the new WOTUS rule, and I ment...

When the new WOTUS rule was proposed earlier this year, I commented that it would not be easy to administer, despite the pronouncements t...

EPA announced today the release to the proposed 2020 Financial Capability Assessment, which is the EPA tool used by communities to plan f...

The Senate Environment and Public Works Committee is holding a hearing on Wednesday, September 16 on the new WOUTS rule. The hearing will...

The Corps is scheduled to publish the proposed changes to its section 404 Nationwide Permits (NWPs) in tomorrow's Federal Register (Septe...

In the unreported decision below, the 9th Cir. last week remanded without vacatur EPA's approval of the Idaho NPDES program for failure t...

This is a good case to read for those wishing to learn a thing or two about NPDES permit enforcement. It addresses many of the thornier i...

Shannon M. Arata, Michelle B. Nowlin and Stephen E. Roady just published a great, succinct primer on the recent Supreme Court Maui decisi...

Enviro groups continue to litigate aggressively against pipelines with mix results, at best. See the Sierra Club case below. As expected...

The plaintiff enviro groups and the United States have exchanged summary judgment motions in the Dist. of S. Carolina WOTUS-challenge cas...

A collection of environmental groups has filed a complaint in the District of South Carolina challenging the new EPA 401 cert. rule. See ...