In 2004, Coeur Alaska sought a permit from the Army Corps of Engineers ("Army Corps") to open the Kensington Gold Mine in southeast Alaska. See Southeast Alaska Conservation Council v. Army Corps of Engineers, 486 F. 3d 638, 641 (9th Cir. 2007). Coeur...
Clean Water Act
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In 1972, Congress passed 33 U.S.C. § 1251, or the Clean Water Act (“CWA” or “Act”), to preserve the “Nation’s waters” by prohibiting the “discharge of any pollutant” unless certain requirements in the Act are met. Hawai'i Wildlife Fund v. Maui (...
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The Clean Water Act (“CWA”) prohibits the discharge of pollutants from a point source into the navigable waters of the United States without a National Pollutant Discharge Elimination System (“NPDES”) permit. The Act defines a “point source” as “any...
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Industry diverts billions of gallons of water a day into water-intake coolant systems in order to cool industrial equipment and also to generate power. See Riverkeeper, Inc. v. EPA, 358 F.3d 174, 181 (2d. Cir. 2004). Though this water is returned to...
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In the 1940s, the United States Navy constructed a landfill, the Ordot Dump, on the island of Guam. Gov’t of Guam v. United States at 106–07. The Navy used the Dump for the disposal of “munitions, chemicals, and everyday garbage.” Id. Although the...
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After rainstorms, unabsorbed stormwater that flows over urban areas collects pollution, ultimately carrying it into rivers and oceans. Natural Res. Def. Council, Inc. v. County of Los Angeles (“NRDC”), 673 F.3d 880, 883-84 (9th Cir. 2011). Under the...
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Appealed from: Sixth Circuit Court of Appeals
Oral argument: February 21, 2006
private property rights, environmental protection, wetlands, clean water act, hydrological connection... (LIIBULLETIN preview)
Petitioner S.D. Warren Company (“Warren”), a subsidiary of South African Pulp and Paper, owns and operates five hydroelectric dam projects on the Presumpscot River in Cumberland County, Maine. S.D. Warren Company v. Maine Board of Environmental...
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In 1972, Congress enacted the Clean Water Act (“CWA”) “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” Sackett v. United States EPA at 1079. The CWA prohibits any person from discharging pollutants into...
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Hawkes Co., Inc., is a mining company that excavates peat from wetland areas in Minnesota. Hawkes wanted to expand its operations to wetlands near its current operations. See Hawkes v. United States Army of Eng’rs, 782 F.3d 994, 998 (8th Cir. 2015)....